Kopystop Trading Terms and Conditions
Date last revised: February 2021
In these terms and conditions, "we" "us" and "our" refer to Kopystop Pty Limited t/as Kopystop ABN 85 003 639 450 and, where the context requires it, our employees, agents, contractors, officers and directors. Your access to and use of our website www.kopystop.com.au, and any purchase of our goods and use of our services is subject to the following terms and conditions. By using our website, or placing an order with us, you are agreeing to be bound by them.
We reserve the right to amend these terms and conditions at any time and by using the website or placing any order with us following any such amendments; you are agreeing to be bound by the amended terms and conditions.
We recommend that each time you access our website or place an order with us that you read these terms and conditions by accessing the latest copy from the home page of our website.
General
1. Before you can purchase any goods from us or access any services which may be provided by us, you must first provide certain information as set out on our quote form page. Please refer to our Privacy Policy by following the link on our home page for information relating to the collection, storage and use of the personal information you provide on registration.
2. You confirm that your registration details are true and accurate and you agree to update your registration details if they change.
3. You agree to pay for our goods and/or services as set out on our website or otherwise communicated to you.
4. Our goods and services are provided to adults over the age of 18 years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. We may use contractors from time to time to provide our services.
6. We reserve the right to refuse services in our absolute discretion.
7. If an act, circumstance or omission over which we could not reasonably have exercised control causing delay continues for more than 7 days, we may terminate your order by giving at least 7 days' notice to you.
8. These terms and conditions are to be governed by the laws of NSW and the parties agree to submit to the jurisdiction of the courts of NSW and the Federal Court of Australia.
9. If a clause in these terms and conditions is found to be void, illegal or unenforceable, it may be limited, narrowed, construed or altered as necessary to render it valid (but only to the extent necessary to achieve such validity), or severed without affecting the other clauses.
10. We undertake to handle your personal information in accordance with our privacy policy which you can access from the home page of our website, and which may be amended from time to time as necessary for compliance with relevant privacy laws.
11. We may in some cases ask for and keep a photocopy of your passport or driver's licence or other identifying documents on file for the purposes of identification. This information will be handled in accordance with our privacy policy.
12. You agree to indemnify and hold us harmless from all claims, losses, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or your dealings with us, including but not limited to information you provide us with, and access to premises used to provide our services, to the extent that it was not caused as a direct result of our act, omission or negligence.
TERMS AND CONDITIONS OF SALE
Australia only service
13. The information on our website and our goods and services are intended to be used by members within Australia only.
14. We supply and dispatch our goods and services to customers within Australia only.
Orders and payment for goods and services
15. All jobs must be requested in writing, and will be quoted by us in Australian dollars, inclusive of GST.
6. Packaging and postage/delivery is an additional charge and will be calculated at time of purchase if required by you.
17. You must accept our quote in writing ("place your order") and that will constitute acceptance of these terms and conditions, whether you place your order through our website or not. We do not have to commence your job until you place your order, and when we do your job will be carried out strictly in accordance with our quote and your written request and order. We will not be responsible for errors and omissions in your instructions to us.
18. If you place the order as the representative of another party you warrant that in doing so you have their authority to do so, and if that authority is denied you will be personally liable to pay for the order, to carry out the obligations of the ordering party under these terms and conditions, and to hold harmless and indemnify us from all claims, suits, demands, causes of action, damages, costs or expenses of any description now made or which may be made by any person against us in relation to the order.
19. We will fill orders for the price quoted at the time you place your order, provided it is within 7 days of our quote.
20. We undertake to accept or reject your order within 7 days provided you have given us a completed quote form and a final high resolution print ready PDF file of your job together with any other requirements we have specified. If we have not responded to you within 7 days, your order is deemed to be rejected. We are not required to give reasons for rejecting your order; however the most likely reason for rejecting your order will be that we are unable to supply the goods and services requested on the date required.
21. Delivery of your ordered goods and services will be at our premises or as otherwise agreed with you.
22. Full payment in the manner provided on our website, or as otherwise agreed with you prior to commencing your job will be required on or before delivery or dispatch of goods, subject to our supplying you with a valid tax invoice.
23. Should you request a printed proof, we will provide you with final proofs of your job and will ask you to approve them in writing before we commence a print run. If you do not request a printed proof or decline to be sent final proofs or to approve them and request that we proceed with the run anyway, we will not be responsible for any errors or omissions in that job.
24. You acknowledge that once a print run is commenced that it may not be possible to cancel the job and that you may be liable for the whole cost of the job.
25. We may ask you to provide your credit card details to us as security for payment for a job and in that event you authorise us to use them to charge your credit card for the payment and you agree to sign any written authority to that effect which may be required by us or by our bank.
26. A deposit of an agreed percentage of the total quoted price will be payable for some jobs, (which will be non-refundable to the extent we incur costs due to and/or are unable to accommodate you if you cancel, or change the date of provisions of the services). Terms of payment of any balance owing for services will be set out on our initial quote. By providing your credit card details to us you authorise us to use them to charge your credit card to the extent of the deposit and you agree to sign any written authority to that effect which may be required by us or by our bank.
27. Title to, and all risk of loss or damage to goods passes to you when we deliver the goods to you (if delivery takes place at our premises) or when we dispatch the goods, unless otherwise specifically agreed with you. You acknowledge that you are responsible for arranging your own transport insurance for the goods.
Product returns
28. Our goods do not come with any express warranties or guarantees whatsoever, however we undertake to replace any goods delivered to you that are faulty or are in a damaged condition. If you wish to return faulty or damaged goods, you must notify us through our “contact us” webpage within 7 days of receipt of the goods.
29. If we are unable at the time of return to replace returned goods, we undertake to reimburse you for the amount we received for the purchase, including any packaging and postage or delivery charges.
Statutory guarantees to consumers
30. Schedule 2 of the Australian Consumer Law ("ACL") defines a consumer. If you are a consumer within the meaning of Schedule 2 of the ACL our goods and/or services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced and services remedied if the failure does not amount to a major failure.
Limitation of liability
31. Subject to the above statutory guarantees:
(a) To the full extent permitted by law, our liability for breach of an implied warranty or condition or for our duty of care to you is limited to the cost of the goods, the supply of the services again or payment of the costs of having those services supplied again.
(b) We accept no liability for any loss whatsoever including consequential losses such as loss of profit or loss of opportunity suffered by you arising from goods or services we have supplied.
Part VB Copyright Act 1968 (Cth)
32. If your job is being done under the statutory scheme for reproduction of works by educational institutions contained in Div 2 of Part VB of the Copyright Act 1968 (Cth),you warrant that you have complied in all respects with your obligations under the scheme as far as the amount of the copyright material being copied, and how it is referenced in the material to be copied. In particular, you warrant that the amount of copies that you have ordered is for your educational purposes as required by the scheme. If, as part of our services, we are required to sell the copies from our premises, you acknowledge that we are not required to check that each purchaser is an enrolled student of yours prior to sale. We acknowledge that we may be required to provide a figure to you for the total number of copies made by us at the end of each semester, and the date/s on which those copies were made, and to keep those records for 2 years, but you warrant that we are not required to keep any other records for the purposes of the statutory scheme, and that we are not obliged to send any data or records directly to Copyright Agency Limited as you will be responsible for all marking and reporting requirements under the statutory scheme.
Graphic design
33. If you order graphic design services from us we retain ownership of copyright in that work. If requested by you we will assign our copyright to you, provided our fees for the work have been paid.
Confidentiality
34. All information, concepts and ideas exchanged between the parties in relation to the goods and services to be provided are confidential and may not be used or disclosed by a party to any third party except for the purpose of exercising rights or performing obligations under these terms and conditions, unless they were or become part of the public domain, or disclosure is required by law.
TERMS OF USE OF OUR WEBSITE
Disclaimers
35. We try to ensure that all information on our website including but not limited to all descriptions of our goods and services (if any) is accurate and current, however we do not warrant that it is accurate and current at all times.
36. We try to ensure that our product list (if any) is current however we give no warranty as to the availability of any product advertised for sale or hire on our website.
37. We try to ensure that our price list (if any) is current, however we reserve the right to amend our prices at any time.
38. Images on our website have been provided for illustrative purposes only and we do not guarantee that the images exactly portray the exact colour, design or options relating to a particular good or service.
39. We try to ensure that our website is free of any virus, worm, trojan and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
40. We may host third party content on our website such as advertisements and endorsements belonging to third parties. We are not responsible for that content.
Hyperlinks
41. We may provide for your convenience hyperlinks to other websites from our website. We are not responsible for the content of those websites. In providing a hyperlink we are not suggesting that we endorse, support or sponsor that website, its owner or the goods or services they may provide.
42. If you want to link to our website you can do so with our consent, and at your expense. You cannot alter any of our website's contents in doing so, and deep linking and framing is not permitted.
Our intellectual property rights
43. All content on our website including all software, applets, graphics, images, layouts and text is subject to copyright which either belongs to us or we have a licence to use it. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on our website are also either owned by us, or we have a licence to use them. Except for the limited purposes stated below, you must not copy our content or use our trade marks without our prior written permission.
44. Any idea, comment, feedback, or suggestion which you provide to us becomes our property and we are free to use it in whatever way we wish for any commercial or non- commercial purpose without compensation to you or to any other person who has transmitted it to our website or to us. You acknowledge that it is original and does not infringe the intellectual property rights of third parties.
Your website access licence
45. Except as permitted under the Copyright Act 1968 (Cth), and as referred to below, you are not permitted to copy, reproduce, republish, distribute or display any of the information or images on our website without our prior written permission.
46. When you visit our website, we give you a limited licence to access and use our information and images for your personal use.
47. You may download a copy of the information and images on our website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way without our prior written permission infringes our intellectual property rights.
48. You are not permitted to use any data mining robots or other extraction tools or to metatag or mirror our website without our prior written permission.
We Design. We Print. We Create
We love what we do! The Kopystop Krew