Please read this agreement carefully. If you do not agree with it, you should leave the Signs Publishing Website immediately.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You are: Anyone who uses the Signs Publishing Website.
The terms and conditions:
1. Definitions
In this agreement:
“Content” means any content in any form published on the Signs Publishing Website by us or any third party with our consent.
“Customer” means the person browsing on the Signs Publishing website. This may or may not be the order recipient.
“Delivery Provider” means any person or business contracted by us to carry Goods from us to you.
“Digital Goods” means any electronic Goods.
“Goods” means any of the goods (including print and electronic goods) we offer on the Signs Publishing website, or, if the context requires, goods we sell to you.
“The Signs Publishing Website” means the Signs Publishing website and all web pages of the Signs Publishing website controlled by us.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.4. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.5. the headings to the paragraphs to this agreement do not affect the interpretation.
2.6. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.7. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to the Signs Publishing Website.
2.8. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. If you use the Signs Publishing Website in any way you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2. Because we refer you to retailers, we do not guarantee that Goods advertised on the Signs Publishing Website are available.
3.3. We may change these terms from time to time. The terms that apply to you are those posted here on the Signs Publishing Website on the day you visit our site.
3.4. We do not offer our Services in all countries. We may refuse if you live in a country we do not serve.
4. Subscriptions
By clicking on any Subscription order form, you:
4.1. consent to the receipt of emails from us containing information and offers about products and services available on our Website in which you may have an interest;
4.2. acknowledge that our Subscription terms and conditions may be modified from time to time and you agree to such modification;
4.3. agree that we exclude all liability, to the extent permitted by law, for any direct, indirect, special, consequential damages or any damages whatsoever arising out of or in connection with (i) the use or performance of the Subscription; (ii) the delay or inability to use the Subscription, particularly in relation to Digital Goods; (iii) the failure to provide the Subscription; and (iv) any information obtained through the Subscription;
4.4. acknowledge that cancellation and refund requests following a confirmed order are at our sole discretion.
4.5. agree you may not access nor attempt to access a Subscription account that you are not authorised to access.
5. Foreign taxes and duties
5.1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
5.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6. Disclaimers
6.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
6.2. All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
6.3. We may make improvements or changes to the Signs Publishing Website, the Content, or to any of the Goods, at any time and without advance notice.
6.4. So far as applicable law allows, we give no warranty and make no representation, express or implied, as to:
6.4.1 the quality of the Goods;
6.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
6.4.3 the correspondence of the Goods with any description;
6.4.4 the adequacy or appropriateness of the Goods for your purpose;
6.4.5 the truth of any Content on the Signs Publishing Website; and
6.4.6 non-infringement of any right.
6.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Signs Publishing Website or the purchase of Goods.
6.6. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
7. Security of the Signs Publishing Website
You now agree that you will not, and will not allow any other person to:
7.1. modify, copy, or cause damage or unintended effect to any portion of the Signs Publishing Website, or any software used within it.
7.2. link to the Signs Publishing Website in any way that would cause the appearance or presentation of the Signs Publishing Website to be different from what would be seen by a user who accessed the Signs Publishing Website by typing the URL into a standard browser;
7.3. download any part of the Signs Publishing Website, without our express written consent;
7.4. collect or use any product listings, descriptions, or prices;
7.5. collect or use any information obtained from or about the Signs Publishing Website or the Content except as intended by this agreement;
7.6. aggregate, copy or duplicate in any manner any of the Content or information available from the Signs Publishing Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Signs Publishing Website;
7.7. share with a third party any login credentials to the Signs Publishing Website; and
7.8. despite the above terms, we grant a licence to you to create a hyperlink to the Signs Publishing Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
8.1. your failure to comply with the law of any country;
8.2. your breach of this agreement;
8.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
8.4. a contractual claim arising from your use of the Goods; and
8.5. a breach of the intellectual property rights of any person.
9. Intellectual Property
9.1. We will defend the intellectual property rights in connection with our Goods and the Signs Publishing Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
10. Reviews and user content
10.1. You may submit reviews, comments, questions, suggestions and other Content, as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
10.2. You agree to provide truthful and complete information in connection with your Content, posting or display of any user Content on our Website.
10.3. You must not post or send any Content that contains software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam.”
10.4. You must not use a false email-address, impersonate any person or entity, or otherwise mislead as to the origin of Content or communication.
10.5. We reserve the right to delete, save, remove or edit any Content at our absolute discretion.
10.6. We reserve the right (but not the obligation) to publish the Content on our Website at the absolute discretion of our webmaster.
10.7. If you post Content or submit material, you grant us and our related and denominational entities:
10.7.1 a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence and/or transferable right to use, reproduce, modify, adapt, publish, publicly perform, publicly display, translate, create derivate works from, distribute and display such Content throughout the world in any media; and
10.7.2 the right to use the name that you submit in connection with the Content if we choose.
10.8. You agree that the rights you grant are irrevocable during the entire period of protection of your intellectual property rights associated with such Content and material.
10.9. To the extent permitted by law, you agree to waive any right you have (i) to be identified as the author of such Content; (ii) to be compensated for the use of such Content; and (iii) to object to derogatory treatment of such Content.
10.10. You agree you are responsible for your Content and you represent and warrant that the Content or material posted (i) is accurate; (ii) complies with the terms and conditions of our Website and Privacy Policy; and (iii) does not breach any applicable laws.
10.11. You agree to indemnify us for all claims brought by any third party against us arising out of or in connection with the Content and material you supply.
10.12. We have the right (but not the obligation) to monitor any customer Content submitted, posted, displayed by you on our Website, to investigate any reported or apparent violation of terms and conditions and take any action in our sole discretion deemed appropriate.
11. Privacy
11.1. Please review our Privacy Policy which also governs your use of our Website to understand our practices.
12. Termination
12.1. If you fail to comply with any of our terms and conditions, we may automatically terminate your rights hereunder, including but not limited to revoking your access to our Website, Digital Goods and Subscription service without notice to you and without refunding any fees paid by you.
12.2. Our failure to enforce any of our terms and conditions will not constitute a waiver of any of our rights or any of the terms and conditions.
13. Governing law
13.1. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.
14. Severability
14.1. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
14.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15. Entire agreement
15.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
15.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
16. Amendments
16.1. We reserve the right to change these terms and conditions at any time.
17. Communication
17.1. When we communicate with you, we will generally do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post domestically to the correct address: within 72 hours of posting;
- if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18. Dispute Resolution
18.1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19. Miscellaneous matters
19.1. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.
19.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.4. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.5. We shall not be liable for any failure or delay in performance of this agreement by us which is caused by circumstances beyond our reasonable control.
20. Contact information
20.1. Questions about the Terms of Service should be sent to us at signs@signspublishing.com.au