Welcome to etshirts.com. You must accept the following Terms and Conditions in order to use the Services provided.
1. Definitions
In this document, the following words have the following meaning:
"Agreement" means the Terms and Conditions, Privacy Policy and if applicable, Application Form;
"Application Form" means the application form and the accompanying notes found at the Website applicable to any Supplier of Designs who seeks to earn a Margin or Image Price or offer a Subsidy;
"Design" means any artworks, digital images or text of any kind designed, provided, selected or arranged by the Supplier of Designs;
"etshirts.com" means Biz E Community Pty Ltd ACN 070 648 878 trading as "etshirts.com" and also referred to as "we";
"Image Price" means the image price referred to in the Application Form;
"Margin" means the margin referred to in the Application Form;
"Product" means a t-shirt, mug, apron, block mount, poster or other item on which a Design may be printed, both before and after printing of that Design;
"Privacy Policy" means etshirts.com privacy policy found at the Website under the heading "Privacy and security";
"Purchaser" means any person who purchases Products bearing the Design;
"Services" means the services to be provided by etshirts.com as set out in paragraph 3;
"Subsidy" means the subsidy referred to in the Application Form;
"Supplier of Designs" means yourself as supplier of the Design;
"Terms and Conditions" means these terms and conditions; and
"Website" means the website found at www.etshirts.com.
2. Binding Legal Agreement
We provide the Services at the Website subject to the Terms and Conditions. The Terms and Conditions form part of and should be read in conjunction with the Privacy Policy and the Application Form, if applicable, which together form a legally binding agreement between us and you.
By using the Services, you agree, without limitation or qualification to all of the terms set out in the Agreement.
We reserve the right to change from time to time any of the terms of the Agreement by publishing a revised copy on the Website, and where possible, by advising you of the change of terms by e-mail, and by using the Services you agree in advance to accept such changes. The Agreement may not be otherwise amended.
3. Services
3.1 We will, subject to paragraph 5:
(a) accept the Design from you for printing purposes;
(b) supply the Products on which the Design will be printed;
(c) print the Design on Products ordered by the Purchaser; and
(d) if applicable, pay the Margin or Image Price to you in accordance with the terms of the Application Form.
4. Your Obligations
4.1 You will:
(a) provide all necessary information about yourself or your organisation in order for us to be able to provide the Services;
(b) where you represent an organisation (such as a charity, school or club) that seeks to raise money by selling Products, provide account details for a bank account into which we will deposit the Margin or Image Price, if applicable, on a monthly basis in accordance with the Application Form;
(c) where you represent an organisation that seeks to subsidise the costs of Products, provide us with all credit card details in order for you to pay us the Subsidy in accordance with the Application Form;
(d) authorise us to prepare from the Design other versions with a reduced resolution, as necessary to encourage Purchasers provide to purchase Products but sufficiently low in resolution to discourage theft of low resolution versions;
(e) read the instructions for washing, drying and ironing documented on-line under the heading "About our products" in order that you understand what the Purchasers are purchasing;
(f) be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website including but not limited to creating and posting descriptions of Products and linking those descriptions to the Website, ensuring that materials posted on your website do not contain illegal materials or infringe the rights of any third party and having the necessary privacy policies, intellectual property notices and disclaimers on its website which comply with relevant legislation;
(g) supply the Designs to us at a resolution such that it prints at a minimum of 100 dpi;
(h) grant a free non-exclusive licence to print the Design on Products ordered by Purchasers or other third parties agreed by you;
(i) allow us to make any necessary copies of the Design so as to facilitate sale and printing of the Products;
(j) take responsibility for the resolution of the Design supplied;
(k) take responsibility for the accuracy of the Design, including spelling and the setting up any text which forms part of the Design; and
(l) if applicable, pay the Subsidy to us in accordance with the terms of the Application Form.
4.2 You warrant that you have the legal right to use the Design and any trademarks or any other intellectual property rights associated with the Design and to allow us to use the Design and such associated rights in the manner contemplated under the Agreement.
5. Reservation of Rights
We reserve the right:
(a) to question the quality or resolution of the Design and/or the accuracy of any text which forms part of the Design;
(b) to confirm details of your name and address by contacting you by telephone, e-mail and mail using any of the details supplied by you;
(c) to refuse any submission of Design supplied by you in our absolute discretion;
(d) to seek compensation from you if any Products supplied to Purchasers are returned by Purchasers on the basis that the quality or resolution of the Design provided by you is poor or otherwise unsuitable;
(e) to seek compensation from you if any Products supplied to Purchasers are returned by Purchasers on the basis that any text which forms part of the Design supplied by you was inaccurate or otherwise;
(f) not to accept any Design or not allow Purchasers to order or take delivery of Products which in our absolute discretion is obscene, racist, defamatory, hateful or otherwise offensive;
(g) to delete any material on the Website which etshirts.com in its absolute discretion believes is obscene, racist, defamatory, hateful or otherwise offensive; and
(h) to block uploads of Design from you for any reason.
6. Our Obligations
We undertake to:
(a) allow you to access online systems that report summary statistics (excluding any personal information of Purchasers) about the purchase of Products bearing the Design provided by you on terms and conditions imposed by us in our absolute discretion;
(b) respect your privacy in accordance with the terms of the Privacy Policy;
(c) only use the Design for the purpose of printing Products in accordance with the terms of the Agreement and for no other purpose whatsoever except with your consent; and
(d) keep records of all transactions such that our accounts are available if the need should arise for a period of 1 year after the date of purchase.
7. Prohibited Use
By using the Services, you agree that you will not:
(a) provide any Design which is obscene, racist, defamatory, hateful, or otherwise offensive;
(b) use the Services for a purpose that is unlawful or prohibited under this Agreement;
(c) use the Services to harm minors in any way;
(d) provide any Design which you do not have a right to or which breaches copyright or other proprietary rights of any other party;
(e) provide any Design which contains software viruses;
(f) disrupt or interfere with the Services or servers or networks connected to the Services; or
(g) reverse engineer, decompose or disassemble the Services or any portion thereof.
You acknowledge that we have the right to immediately and without notice remove any Design provided on the Website by you in contravention of the above and terminate the Services provided to you.
8. Limitation on Liability
You acknowledge that:
(a) we or our suppliers are not liable to you or any other person for any cost, loss or liability (including loss or profit or other consequential damage) arising out of or in connection with the provision of the Services, any information or material issued on the Website using the Services or for any other matter arising out of or in connection with the Agreement;
(b) we provide the Services on an "as is" basis and without any warranty or condition expressed or implied. To the extent permitted by law, we and our suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement;
(c) if the Australian Trade Practices Act 1974 applies to you, where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, our liability for any breach of such implied term or warranty will be limited where so permitted to:
(i) if the breach relates to goods, the replacement of the goods; or the repair of such goods, or the payment of the costs of replacing the goods, or the payment of the costs of repairing the goods; and
(ii) if the breach relates to the Services, the supplying of those Services again or the payment of the costs of having those Services supplied again;
(d) you use the Services at your own risk;
(e) we make no guarantee of the accuracy or correctness or completeness of any information on the Website and are not responsible for any errors or omissions arising from the use of the Services and loss or damage arising from the use of the Services;
(f) if we link to or include on the Website resources and information provided by you, we will not guarantee the reliability of this information nor does the inclusion of this information imply our recommendation of you; and
(g) as we have no control over the Internet and cannot prevent the interruption of information by third parties, we will under no circumstances be responsible for any loss or damage incurred by you as the result of any unauthorised interruptions or decryption of any information transmitted to or by you or the Purchasers.
9. Indemnity
You agree to indemnify and keep indemnified etshirts.com and its affiliates, officers, employees and agents and hold them harmless from any claim or demand made by any third party arising out of or in connection with your breach of the Agreement.
10. Links
The Services may provide links to other websites. As we have no control over the linked websites, you acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked websites.
11. Termination
We may:
(a) terminate the Agreement and the Services on 1 month's notice to you for no reason whatsoever; or
(b) terminate the Services without prejudice if no purchase has been made by any Purchaser within a period of 6 months; or
(c) immediately and without notice terminate the provision of the Services and the Agreement if you:
(i) breach any term of the Agreement; or
(ii) are an individual and that individual becomes bankrupt or proceedings for bankruptcy are taken against you or if you are a company and that company is wound up or liquidated or if any steps for liquidation or winding up are taken or if the company is unable to pay its debts.
Upon termination of the Agreement:
(a) you will immediately remove the Website link from your website and cease from holding out as a participant in any program as contemplated in the Agreement; and
(b) we will delete the Design from the Website.
12. Copyright
12.1 The materials used and displayed on the Website for the provision of the Services including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of etshirts.com or its licensors and are protected under copyright and other laws and you agree not to use such materials without our prior written consent.
12.2 You grant to us free non-exclusive licence to use your trademark in our marketing and advertising materials.
13. Assignment
You cannot assign any rights under this Agreement or any other agreement with us without our prior written consent.
14. Governing Law
This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australia Courts.
15. Relationship
You and etshirts.com are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by the Agreement.
16. Entire Agreement
The Agreement sets out the entire understanding and agreement between you and etshirts.com. You acknowledge that you have read and understood the Agreement.
17. Failure to Act
The failure by us to act with respect to a breach by you or others does not waive our rights to act with respect to any other breaches.
18. No Guarantee
We do not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside our control.
