Website Terms and Conditions of Use
1. About the Website
- 1.1. The Website providesyou with an opportunity to browse and purchase various products that havebeen listed for sale through the Website (the ‘Products’). TheWebsite provides this service by way of granting you access to the contenton the Website (the ‘Purchase Services’).
- 1.2. The Website is operatedby PUJ Venture PTY Ltd (ACN 625390061). Access to and use of the Website,or any of its associated Products or Purchase Services, is provided by Flash Uniforms. Please read these terms andconditions (the ‘Terms’) carefully. By using, browsing and/orreading the Website, this signifies that you have read, understood andagree to be bound by the Terms. If you do not agree with the Terms, youmust cease usage of the Website, or any of the Purchase Services,immediately.
- 1.3. PUJ Venture PTY Ltdreserves the right to review and change any of the Terms by updating thispage at its sole discretion. When PUJ Venture PTY Ltd updates the Terms,it will use reasonable endeavours to provide you with notice of updates tothe Terms. Any changes to the Terms take immediate effect from the date oftheir publication. Before you continue, we recommend you keep a copy ofthe Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PUJ Venture PTY Ltd in the user interface.
3.Registration to use the Purchase Services
- 3.1. In order to access thePurchase Services, you must first register as a user of the Website. Aspart of the registration process, or as part of your continued use of thePurchase Services, you may be required to provide personal informationabout yourself (such as identification or contact details), including:
- (a) an email address
- (b) preferred username
- (c) a mailing address
- (d) a telephone number
- (e) a password.
- 3.2. You warrant that anyinformation you give to PUJ Venture PTY Ltd in the course of completingthe registration process will always be accurate, correct and up to date.
- 3.3. Once you have completedthe registration process, you will be a registered member of the Website (‘Member’)and agree to be bound by the Terms. As a Member you will be grantedimmediate access to the Purchase Services.
- 3.4. You may not use thePurchase Services and may not accept the Terms if:
- (a) you are not of legalage to form a binding contract with PUJ Venture PTY Ltd; or
- (b) you are a person barredfrom receiving the Purchase Services under the laws of Australia or othercountries including the country in which you are resident or from whichyou use the Purchase Services.
4. Yourobligations as a Member
- 4.1. As a Member, you agreeto comply with the following:
You willuse the Purchase Services only for purposes that are permitted by:
- (a) the Terms;
- (b) any applicable law,regulation or generally accepted practices or guidelines in the relevantjurisdictions;
- (c) you have the soleresponsibility for protecting the confidentiality of your password and/oremail address. Use of your password by any other person may result in theimmediate cancellation of the Purchase Services;
- (d) any use of yourregistration information by any other person, or third parties, isstrictly prohibited. You agree to immediately notify PUJ Venture PTY Ltdof any unauthorised use of your password or email address or any breachof security of which you have become aware;
- (e) access and use of theWebsite are limited, non-transferable and allows for the sole use of theWebsite by you for the purposes of PUJ Venture PTY Ltd providing thePurchase Services;
- (f) you will not use thePurchase Services or Website for any illegal and/or unauthorised usewhich includes collecting email addresses of Members by electronic orother means for the purpose of sending unsolicited email or unauthorisedframing of or linking to the Website;
- (g) you agree thatcommercial advertisements, affiliate links, and other forms ofsolicitation may be removed from the Website without notice and mayresult in termination of the Purchase Services. Appropriate legal actionwill be taken by PUJ Venture PTY Ltd for any illegal or unauthorised useof the Website; and
- (h) you acknowledge andagree that any automated use of the Website or its Purchase Services isprohibited.
5.Purchase of Products and Returns Policy
- 5.1. In using the PurchaseServices to purchase the Product through the Website, you will agree tothe payment of the purchase price listed on the Website for the Product(the ‘Purchase Price’)
- 5.2. Payment of thePurchase Price may be made through one of the following third-partyproviders:
- (a) Paypal
- (b) After Pay
(the ‘PaymentGateway Providers’)
In usingthe Purchase Services, you warrant that you have familiarised yourself with,and agree to be bound by, the applicable Terms and Conditions of Use, PrivacyPolicy and other relevant legal documentation provided by the Payment GatewayProviders.
- 5.3. Following payment ofthe Purchase Price being confirmed by PUJ Venture PTY Ltd, you will beissued with a receipt to confirm that the payment has been received andPUJ Venture PTY Ltd may record your purchase details for future use.
- 5.4. PUJ Venture PTY Ltdmay, at their sole discretion, provide a refund on the return of theProducts within 7 days where the Product packaging is unopened and remainsin a saleable condition. Embroidery or printed orders are not eligible fora refund once they have been proofed and complete. You acknowledge andagree that you are liable for any postage and shipping costs associatedwith any refund pursuant to this clause.
- 5.5. Price match is offeredon a similar product and service and this includes the shopping cart totalincluding delivery and GST. We cannot price match on second hand, used ordamaged items on competitor websites. We aim to try and match the pricesbut have a right to refuse to do so without any prior notice. All pricematch requests are examined on an individual basis and we cannot guaranteethat all requests will be approved.
- 6.1. PUJ Venture PTY LtdProducts come with guarantees that cannot be excluded under the AustralianConsumer Law. You are entitled to a replacement or refund for a majorfailure of the Product. You are also entitled to have the Productsrepaired or replaced if the Products fail to be of acceptable quality andthe failure does not amount to a major failure (the ‘Warranty’).
- 6.2. You may make a claimunder this clause (the ‘Warranty Claim’) for material defects andworkmanship in the Products within 14 from the date of purchase (the’Warranty Period’).
- 6.3. In order to make aWarranty Claim during the Warranty Period, you must provide proof ofpurchase to PUJ Venture PTY Ltd showing the date of purchase of theProducts, provide a description of the Products and the price paid for theProducts by sending written notice.
- 6.4. Where the WarrantyClaim is accepted then PUJ Venture PTY Ltd will, at its sole discretion,either repair or replace any defective Products or part thereof with a newor remanufactured equivalent during the Warranty Period at no charge toyou for parts or labour. You acknowledge and agree that you will be solelyliable for any postage or shipping costs incurred in facilitating theWarranty Claim.
- 6.5. The Warranty shall bethe sole and exclusive warranty granted by PUJ Venture PTY Ltd and shallbe the sole and exclusive remedy available to you in addition to otherrights and under a law in relation to the Products to which this warrantyrelates.
- 6.6. All implied warrantiesincluding the warranties of merchantability and fitness for use arelimited to the Warranty Period.
- 6.7. The Warranty does notapply to any appearance of the supplied Products nor to the additionalexcluded items set forth below nor to any supplied Products where theexterior of which has been damaged or defaced, which has been subjected tomisuse, abnormal service or handling, or which has been altered ormodified in design or construction.
- 7.1. You acknowledge thatthe Purchase Services offered by PUJ Venture PTY Ltd integrate delivery(the ‘Delivery Services’) through the use of third-party deliverycompanies (the ‘Delivery Service Providers’).
- 7.2. In providing thePurchase Services, PUJ Venture PTY Ltd may provide you with a variety ofdelivery and insurance options offered as part of the Delivery Services bythe Delivery Service Providers. You acknowledge and agree that PUJ VenturePTY Ltd is not the provider of these delivery and insurance options andmerely facilitates your interaction with the Delivery Service Providers inrespect to providing the Delivery Services.
- 7.3. In the event that anitem is lost or damaged in the course of the Delivery Services, PUJVenture PTY Ltd asks that you:
- (a) contact the Delivery ServiceProvider directly to request a refund or to claim on any insuranceoptions available; and
- (b) contact us by sendingan email outlining in what way the Products were damaged in transit so weare able to determine if the Delivery Service Provider should be removedfrom the Purchase Services.
8.Copyright and Intellectual Property
- 8.1. The Website, thePurchase Services and all of the related products of PUJ Venture PTY Ltdare subject to copyright. The material on the Website is protected bycopyright under the laws of Australia and through international treaties.Unless otherwise indicated, all rights (including copyright) in the sitecontent and compilation of the website (including text, graphics, logos,button icons, video images, audio clips and software) (the ‘Content’)are owned or controlled for these purposes and are reserved by PUJ VenturePTY Ltd or its contributors.
- 8.2. PUJ Venture PTY Ltdretains all rights, title and interest in and to the Website and allrelated content. Nothing you do on or in relation to the Website willtransfer to you:
- (a) the business name,trading name, domain name, trade mark, industrial design, patent,registered design or copyright of PUJ Venture PTY Ltd; or
- (b) the right to use orexploit a business name, trading name, domain name, trade mark orindustrial design; or
- (c) a system or processthat is the subject of a patent, registered design or copyright (or anadaptation or modification of such a system or process).
- 8.3. You may not, withoutthe prior written permission of PUJ Venture PTY Ltd and the permission ofany other relevant rights owners: broadcast, republish, up-load to a thirdparty, transmit, post, distribute, show or play in public, adapt or changein any way the Content or third party contact for any purpose. Thisprohibition does not extend to materials on the Website which are freelyavailable for re-use or are in the public domain.
- 8.4. Digitized vector artand logo files remain the property of PUJ Ventures Pty (this does notinclude the rights to the logo or original files). If you do require tohave a copy of your digitized logo files to be emailed to you there willbe a charged incurred of $55.00 per file.
- 10.1. You acknowledge thatPUJ Venture PTY Ltd does not make any terms, guarantees, warranties,representations or conditions whatsoever regarding the Products other thanprovided for pursuant to these Terms.
- 10.2. PUJ Venture PTY Ltdwill make every effort to ensure a Product is accurately depicted on theWebsite, however, you acknowledge that sizes, colours and packaging maydiffer from what is displayed on the Website.
- 10.3. Nothing in these Termslimits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian ConsumerLaw (or any liability under them) which by law may not be limited orexcluded.
- 10.4. Subject to thisclause, and to the extent permitted by law:
- (a) all terms, guarantees,warranties, representations or conditions which are not expressly statedin these Terms are excluded; and
- (b) PUJ Venture PTY Ltd wewill not be liable for any special, indirect or consequential loss ordamage (unless such loss or damage is reasonably foreseeable resultingfrom our failure to meet an applicable Consumer Guarantee), loss ofprofit or opportunity, or damage to goodwill arising out of or inconnection with the Purchase Services or these Terms (including as aresult of not being able to use the Purchase Services or the late supplyof the Purchase Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise..
- 10.5. Use of the Website,the Purchase Services, and any of the products of PUJ Venture PTY Ltd(including the Delivery Services), is at your own risk. Everything onWebsite, the Purchase Services, and the Products of PUJ Venture PTY Ltd,are provided to you on an “as is” and “as available”basis, without warranty or condition of any kind. None of the affiliates,directors, officers, employees, agents, contributors, third party contentproviders or licensors of PUJ Venture PTY Ltd (including any third partywhere the Delivery Services are made available to you) make any express orimplied representation or warranty about its Content or any products orPurchase Services (including the products or Purchase Services of PUJVenture PTY Ltd) referred to on the Website. This includes (but is notrestricted to) loss or damage you might suffer as a result of any of thefollowing:
- (a) failure of performance,error, omission, interruption, deletion, defect, failure to correctdefects, delay in operation or transmission, computer virus or otherharmful component, loss of data, communication line failure, unlawfulthird-party conduct, or theft, destruction, alteration or unauthorisedaccess to records;
- (b) the accuracy,suitability or currency of any information on the Website, the PurchaseService, or any of its Content related products (including third partymaterial and advertisements on the Website);
- (c) costs incurred as aresult of you using the Website, the Purchase Services or any of theProducts;
- (d) the Content oroperation in respect to links which are provided for the User’sconvenience;
- (e) any failure to completea transaction, or any loss arising from e-commerce transacted on theWebsite; or
- (f) any defamatory,threatening, offensive or unlawful conduct of third parties orpublication of any materials relating to or constituting such conduct.
11.Limitation of Liability
- 11.1. PUJ Venture PTY Ltdtotal liability arising out of or in connection with the Purchase Servicesor these Terms, however arising, including under contract, tort (includingnegligence), in equity, under statute or otherwise, will not exceed themost recent Purchase Price paid by you under these Terms or where you havenot paid the Purchase, then the total liability of PUJ Venture PTY Ltd isthe resupply of information or Purchase Services to you.
- 11.2. You expresslyunderstand and agree that PUJ Venture PTY Ltd, its affiliates, employees,agents, contributors, third party content providers and licensors shallnot be liable to you for any direct, indirect, incidental, specialconsequential or exemplary damages which may be incurred by you, howevercaused and under any theory of liability. This shall include, but is notlimited to, any loss of profit (whether incurred directly or indirectly),any loss of goodwill or business reputation and any other intangible loss.
- 11.3. PUJ Venture PTY Ltd isnot responsible or liable in any manner for any site content (includingthe Content and Third-Party Content) posted on the Website or inconnection with the Purchase Services, whether posted or caused by usersof the website of PUJ Venture PTY Ltd, by third parties or by any of thePurchase Services offered by PUJ Venture PTY Ltd.
- 11.4. You acknowledge thatPUJ Venture PTY Ltd does not provide the Delivery Services to you and youagree that PUJ Venture PTY Ltd will not be liable to you for any special,indirect or consequential loss or damage, loss of profit or opportunity,or damage to goodwill arising out of or in connection with the DeliveryServices.
- 11.5. It is assumed that allartwork provided to be printed or embroidered onto the garments is theproperty of the person uploading in and that you have authorization toutilize the artwork and vector files in the uploaded format. PUJ VenturesPty Ltd will not be liable for copyright or any other legal infringementarising from violation of intellectual property arising from this artwork.All liability will be passed onto to the end user and it is your legalresponsibility to ensure that you have the permission or authorization touse the art work for your purpose.
12.Termination of Contract
- 12.1. The Terms willcontinue to apply until terminated by either you or by PUJ Venture PTYLtd as set out below.
- 12.2. If you want toterminate the Terms, you may do so by:
- (a) notifying PUJ VenturePTY Ltd at any time; and
- (b) closing your accountsfor all of the Purchase Services which you use, where PUJ Venture PTY L