| Terms & Conditions
Envelope Printing understands the importance of protecting the privacy of envelopeprinting.com.au
Envelope Printing ("Envelope Printing") provides customers with a
wide variety of internet and email printing services, online tools and other
services to create customised printed communication products, (as well as shipping
of finished products) (collectively, the "Services"). The use of this
site is governed by the terms and conditions set forth below. Please read them
carefully. Your use of this site indicates Your acceptance of these terms and
conditions. Envelope Printing reserves the right to make modifications, alterations
or updates to this site and these Terms & Conditions at any time and without
notice to users. You accept the affirmative obligation to periodically review
whether or not these Terms & Conditions have changed, and Your continued
use of this site shall be deemed an acceptance and agreement to be bound by
such modifications, alterations or updates.
You (referred to herein as "You" "Your(s)" or "User"
agree that Your use of such Services is at Your own risk. The Content (as defined
below), and Envelope Printing proprietary software, may be used in providing
the Services, and are subject to the following reservation of intellectual property
rights by Envelope Printing or its suppliers.
Copyright
All content included on this site, including without limitation, text, graphics,
logos, trademarks, trade names, button icons, images, pre-designed templates,
sounds, software, processing and other functionality, and all other material
placed by Envelope Printing (collectively called the "Content"), and
the collection, arrangement and assembly of the Content, is the property of
or licensed by Envelope Printing or its suppliers and service providers and
is protected by international copyright laws. The Content on all pages of the
Envelope Printing website is provided solely for the use of Envelope Printing
customers to interact with Envelope Printing and may not be used by You, or
any other person or entity, or for any other purpose. Users do not receive any
copyright in or to the Content itself. No interest in the Content, whether in
whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred
by You or any third parties. Neither Your use of the Content nor the creation
of products or materials using such Content create joint authorship, joint ownership
or "works made for hire" with Envelope Printing in or regarding such
content Content.
When using any Services provided via the Envelope Printing website, You may
elect to upload or otherwise submit materials to the site (collectively, "Materials").
Envelope Printing does not supervise the uploading of any User-provided Materials
to this site, although it reserves the right to do so. You agree, represent
and warrant that in using the Services, You will not upload, submit or otherwise
transmit to Envelope Printing:
Materials that are unlawful, threatening, abusive, defamatory, obscene or which
invade another person's privacy or further the commission or concealment of
a crime;
Materials that are not lawfully Yours to transmit;
Materials that are the subject of, or which infringe upon, any patent, trademark,
trade name, trade secret, copyright, right of publicity, moral right or other
intellectual property right of another person or entity;
Materials containing software viruses or other harmful computer code; or Materials
that in any way interfere with or disrupt the Services or any servers or networks
connected to or used with the Services (any of the foregoing, "Unauthorized
Materials").
Envelope Printing takes no ownership in any Materials uploaded to the Envelope
Printing website, except Envelope Printing retains its rights in and to the
Content that is present on the site or that may be created and/or supplied by
or for Envelope Printing.
You also warrant and confirm that You own the copyright or have permission to
copy any documents or Materials You submit online for printing or processing,
and agree to defend, indemnify and hold Envelope Printing, its parent and its
parent's subsidiary companies and their respective officers, directors, agents
and employees, harmless from any suit, demand, or claim arising out of any breach
of this warranty and agree to pay any judgment or reasonable settlement offer
resulting from any such suit, demand or claim, and to pay any attorney’s
fees incurred by Envelope Printing in defending against such suit, demand or
claim.
Trademarks
All service marks, trademarks, trade name, trade dress and other indicia of
source used herein and otherwise by Envelope Printing (collectively called the
"Marks") are proprietary to Envelope Printing or other respective
owners that have granted Envelope Printing the right and license to use such
Marks. Users do not receive any trademark rights or any other rights in or to
the Marks. Users do not receive any trademark rights in or to the Content.
Limitations and Disclaimers
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED
THROUGH THE ENVELOPE PRINTING WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT,
GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE
IS AT THE USER'S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENVELOPE PRINTING DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT,
SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, ENVELOPE PRINTING DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA
THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET
ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER ENVELOPE PRINTING NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES,
SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR
ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER
INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS
WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES,
PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION,
CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY,
MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON),
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED
MATERIALS, EVEN IF YOU HAVE ADVISED ENVELOPE PRINTING OF THE POSSIBILITY OF
SUCH DAMAGES.
**(NEITHER ENVELOPE PRINTING NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR
SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT,
REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR THE LESSER OF $100.00 OR THE
AMOUNT PAID TO ENVELOPE PRINTING FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT
FEES, IF ANY.
In no event will Envelope Printing, its parent, or its affiliates, subsidiaries,
suppliers or service providers be liable for, nor make any adjustment, refund
or credit of any kind for, any loss, corruption, delay, misprint, non-print,
inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other
direct or indirect damages, or failure to provide printed products, printing
services or shipping services (any of the foregoing, "Service Failure")
to the extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms &
Conditions, as amended from time to time;
Viruses, worms, Trojan horses and other forms of harmful code that are not detected
or removed using Envelope Printing standard virus-detection procedures;
Criminal acts, public authorities acting with actual or apparent authority,
authority of law, local disputes, civil commotions, war, national or local disruptions
in electronic and transportation networks, failures of Internet service providers,
weather phenomena, strikes, natural disasters, and disruption or failure of
communication and information systems;
Loss, corruption or irretrievability of, or damage to, Your personal information,
User-provided Materials or information regarding the printed products used or
stored by Envelope Printing;
The nature of the shipment, including any defect, characteristic or inherent
vice of the shipment;
Your failure to provide an accurate shipping address or other information that
You are asked to provide in connection with the provision of services;
Acts, defaults or omissions of any person or entity other than Envelope Printing,
including our compliance with verbal or written instructions from the sender,
recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature
obtained at delivery;
Our failure to provide a valid shipping account number in good credit standing
in the billing instructions on shipping documentation;
Our failure to provide a valid shipping account number in good credit standing
in the billing instructions on shipping documentation;
Our failure to notify You of any delay, loss or damage in connection with Your
printed products or shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release
is on file;
Our provision of advice, assistance or guidance on this site does not constitute
acceptance of liability.
All claims, whether they regard printing services or shipping services, should
be resolved by contacting Envelope Printing. Failure to contact Envelope Printing
directly will cause a delay in the processing of any claim and will result in
a delay in processing Your claim, which could cause Your to lose the ability
to receive compensation for loss involving shipping or printing services as
provided in these terms and conditions.
If a shipment containing Your printed products is refused by the recipient,
or is damaged, the shipment will be returned to You if possible. If You refuse
to accept the returned shipment or it cannot be returned because of damage,
You are responsible for and will reimburse Envelope Printing for all costs and
fees of any type connected with the return shipment and legal disposal of the
shipment; Envelope Printing DOES NOT GUARANTEE THE SHIPMENT, AND DELIVERY SERVICES
OFFERED ON THIS SITE. IN PARTICULAR, Envelope Printing DOES NOT GUARANTEE THE
TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED
FILINGS. Subject to the limitations listed above, Envelope Printing will provide
a refund of shipping costs paid or will re-perform printing services and shipping
services if any printed products are lost, damaged, not delivered, misdelivered
or delivered late, to the extent caused by Envelope Printing or its third-party
shipper. See "Claims Procedure" below.
PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU
TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE.
Performance of any Services will not cause us to be deemed Your, or anyone's,
agent for any purpose.
Claims Procedure
We will either refund or credit (at our option) the charges You actually paid
for the Services (including shipping charges, if applicable) if we fail to properly
provide the Services or the printed products or to properly ship the printed
products, subject to limitations described in the Section above entitled "Limitations
and Disclaimers". In order to qualify for a refund or credit due to Service
Failure, the following limitations apply:
- To obtain a refund or credit, at our option, for a Service Failure, You
must notify us within fifteen (15) days of the earlier of (i) the date of
invoice or (ii) the date of shipment or the date picked up from a Envelope
Printing retail location by You or Your agent.
- For any claim related to damage of a printed product during shipping (if
the shipping services are provided through Envelope Printing, You must notify
us in writing within seven (7) days after delivery of such printed products.
- For all other claims, including claims arising out of any nondelivery,
misdelivery or late delivery, Your must notify us within thirty (30) days
of the shipment date.
- In the case of a claim concerning any defective printed products, You must
return the defective printed products to Envelope Printing where the product
was produced, by calling us at 1300 554 690 or by sending an email message to
help@envelopeprinting.com.au.
- In the case of a claim concerning any non-delivery, misdelivery, late delivery,
damaged shipment or other shipping-related claim, You must retain all original
shipping containers, packaging and contents and make the foregoing items available
for our inspection.
- Any claim against Envelope Printing under any cause of action arising from
or related to the provision of Services or printed products or shipment of
any printed products shall be extinguished unless an action is brought within
one (1) year of the date of order. We will send Your refund to the billing
address on Your account
- A service failure will not be deemed to have occurred if within 30 calendar
days after Your notify us, we provide You with:
a. Proof of timely delivery, consisting of the date and time of delivery and
name of the person who signed for the shipment or signature release information;
b.Service exception information reflecting that the failure to timely deliver
resulted from circumstances described under "Limitations and Disclaimers."
- We are not obligated to respond or provide any credit or refund if Your
have not paid for Services or shipping costs, if applicable; or when Your
request is not received within the time limits stated above.
Envelope Printing will use commercially reasonable efforts to satisfy customer
claims, subject to the limitations set forth in these Terms and Conditions.
Only one refund or credit is permitted per package. In the case of multiple-package
shipments, this return policy will apply to every package in the shipment. If
a service failure occurs for any package within the shipment, a refund or credit
will be given only for the portion of the transportation charges applicable
to that package.
A refund or credit will not be given for shipments delayed due to incorrect
addresses or ZIP codes or the unavailability or refusal of a person to accept
delivery or sign for the package or any of the causes described under "Limitations
and Disclaimers." In addition, for shipments to and from International
destinations, no refund or credit will be given if failure to timely deliver
is the result of tax authority or customs or other regulatory delays.
This refund policy does not apply to undeliverable or returned shipments.
Order Acceptance
The receipt of an e-mail order confirmation does not constitute the acceptance
of an order or a confirmation of an order to sell. Envelope Printing reserves
the right, without prior notification, to limit the order quantity on any item
and/or refuse service to any customer. Verification of information may be required
prior to the acceptance of any order. No obligation to provide services exists
between Your and Envelope Printing until Envelope Printing exercises the authorization
to charge Your credit card, and the charge is validated and accepted by Your
credit card company.
Because this site is viewable internationally, not all products and services
mentioned will be available in Your country. If Your have any questions about
international service, email Envelope Printing Help at help@envelopeprinting.com.au
Termination
In the event that Envelope Printing learns of, or has reasonable grounds to
suspect, that Your registration information is inaccurate, or that activity
in violation of these Terms & Conditions has occurred within Your account,
we can suspend or terminate Your access to Your account or the Services without
notice and refuse to authorize its future use. Repeated violations of these
Terms & Conditions will result in immediate termination. In addition, Envelope
Printing reserves the right to discontinue the Services at any time without
reason or advance notice to You.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Victoria,
without giving effect to any principles or conflicts of law. Any litigation
concerning these Terms & Conditions or other uses of this site shall be
brought in Melbourne, Victoria, and Your consent to the exercise of personal
jurisdiction over Your by such courts. This Agreement is not governed by the
United Nations Convention of Contracts for the International Sale of Goods,
the application of which is expressly excluded.
This site may contain links to sites that are owned, operated and maintained
by third parties, which are provided as a convenience to You. These linked sites
are not under the control of Envelope Printing, and Envelope Printing is not
responsible for the accuracy of the content on such sites, or the privacy practices
of such sites, Envelope Printing does not monitor nor review the content of
such sites, and You expressly understand that You access by link to such sites
is at Your own risk.
Registration on envelopeprinting.com.au
You may choose to register on envelopeprinting.com.au to access interactive
features or update Your commercial account information. The availability of
these services varies by country. In the future, Envelope Printing may add other
features that may be accessed through envelopeprinting.com.au Login. In such
event, previously registered users will not be required to re-register.
By registering on envelopeprinting.com.au , Your agree to provide accurate and
current information about Yourself as prompted by the envelopeprinting.com.au
Login Registration pages and maintain and promptly update Your online profile
information to keep it accurate and current.
Some Services are being made available to customers based in some countries
and not others. You agree to register only for envelopeprinting.com.au services
offered on the envelopeprinting.com.au website for the country in which Your
account is based. For example, if Your Envelope Printing account is based in
Japan, Your will register for services offered on envelopeprinting.com.au and not
for services offered on envelopeprinting.com.au.
When Your register using envelopeprinting.com.au Login Registration, Your will
select a user ID and password. You are responsible for maintaining the confidentiality
of the password and user ID, and You are responsible for all activities that
occur under Your password and user ID. You agree to (a) immediately notify Envelope
Printing of any unauthorized use of Your user ID and password, and (b) ensure
that Your exit from your session at the end of each visit.
Privacy Policy
Envelope Printing acknowledges that Your may provide personal data or other
information to its site via the Internet. Although Envelope Printing will take
all reasonable steps to safeguard Your personal data or other information, no
system is 100% safe. Despite the use of secure server software and other precautions,
such information is subject to interception or alteration by third parties.
Envelope Printing does not guarantee absolute confidentiality or security. In
addition, Envelope Printing may disclose part or all of Your personal data,
User-provided Materials and printed products as required by law, rule, regulation
or court order. The Envelope Printing Security & Privacy Policy governs
the handling of such information.
Indemnification
You agree to indemnify, defend and hold Envelope Printing, its officers, directors,
employees, shareholders, agents, affiliates. subsidiaries, suppliers and representatives
harmless from and against any and all claims, damages, losses, costs, and expenses
(including but not limited to attorneys' fees) that arise directly or indirectly
from; (a) Your breach of any provision of these Terms & Conditions; (b)
any allegation that any Materials Your provided constitute Infringing Materials;
or (c) any of Your activities conducted in connection with this site.
No Other Relationship
The use of this site creates no relationship, contractual or otherwise, between
You and any other entity, supplier or service provider, other than Envelope
Printing.
©2007 Envelope Printing. All rights reserved.
This site is protected by copyright and trademark laws under International law.
All rights reserved.
|