Terms & Conditions

Effective from July 1 2009

This is a legal agreement between you and Printgenie. (“Printgenie”); please read it carefully. By using or accessing this website or any website hosted at Printgenie (the “Sites”), or by accessing or using any part of the Printgenie services (together with the Sites, the “Service”), you agree to be bound by these Terms of Service and by the Printgenie Privacy Policy, which are collectively referred to as the “Agreement”. If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by Printgenie from time to time in accordance with the following, will govern all your future use of the Service.

Definitions

• “Print Supplier” or “Supplier” is any user that provides print products or services.
• “Buyer” is any user that orders a print product or service through the Printgenie site.
• “User” is any person who visits the site.
• “Website” refers to www.printgenie.com.au
• “Terms” refers to the Terms and Conditions laid out here

Your access to the Website and the information it contains is subject to the Terms and Conditions (“Terms”) set out below. It is your responsibility to read these Terms before using the Website, and when using the Website you agree to be bound by these Terms. Printgenie reserves the right to amend these Terms at any time and without notice by posting the amended Terms on the Website. All amended Terms will be effective immediately. If you do not agree with any of these Terms you must not use the Website. Printgenie recommends that you keep yourself familiar with the terms and conditions.

Printgenie reserves the right to refuse access to or remove the profile, data and files of any user, at any time with its sole discretion and without notice, for any user who abuses the Terms and/or the Website, or who uses the site to abuse or cause loss or damage to another.

When you access the Website you are using web application functionality which is the intellectual property of or licensed to Printgenie. For each visit Printgenie grants you a non-exclusive license to use the functionality associated with the Website for the duration of the visit and for the sole purpose of providing the services of the site.

Responsibility

Printgenie is essentially a software development company so is not responsible for shipping goods or taking payment on behalf of Buyers for their purchases. The Website brings Buyers and Suppliers together and it is the responsibility of the Supplier to collect payment from Buyers.

Print Suppliers are responsible for the provision of the information and services specified. Printgenie assumes no liability for any pricing, product defects, delivery, or disputes between users. All prices listed on the site are valid for 7 days from the time they are listed on the site only, and may be amended or removed at any time by the Print Supplier.

Printgenie endeavours to ensure the details contained on the Website are in accordance with the information supplied by the Print Suppliers but accepts no responsibility for any inaccuracy, information piracy, incompleteness, pricing, loss of data, suppliers’ ratings or other content made available on the site by any user.

Printgenie is not an agent or partner of any print supplier listed or not listed on the site. The products and services listed on the Website are provided by each Print Supplier for informational purposes only. Printgenie, its directors, shareholders or employees do not endorse any product, supplier or service listed on the Website. You should not use this information in situations where its inaccuracy would cause you to suffer any loss.

Responsibility for Data

You have sole responsibility to keep a backup of all your data and files that you store on Printgenie servers through use of the service. You acknowledge and agree that Printgenie will not be responsible for any failure of the service to store data or files, for the deletion of a data or files stored on the service, or for the corruption of or loss of any data or files or information or content contained in a data or files.

Cost for File Storage

File storage currently has no cost associated with it, however Printgenie reserves the right to change this at a later stage. If this does change, users will be made aware of what the new file storage costs will be, along with allowing file retrieval prior to charges being imposed.

Buyers

By accepting these Terms and Conditions you agree that:

• you are an experienced buyer of the product you are procuring and are aware of risks and errors that may occur in the manufacturing or delivery processes of that product or service.
• you are aware that not all Print Suppliers can supply exactly the same product, and that products from different Print Suppliers may vary due to thresholds in manufacturing processes or raw materials.
• it is your responsibility to ensure the quality and reliability of Print Suppliers and their products prior to placing a job request with them.
• you understand you may incur a cancellation fee from Print Suppliers if you cancel any job, during at any stage after you have placed an order.
• if you provide misleading or inaccurate information in your order, or if you provide designs or artwork files that do not conform to Print Suppliers’ requirements, you may incur additional charges by the Print Suppliers.
• you will settle any disputes regarding print products, pricing and delivery directly with the relevant Print Suppliers or Couriers and exclude Printgenie from any such liabilities.
• any turnaround times listed by the Print Suppliers are from the time that the Print Supplier receives an authority to proceed by you (the Buyer).

Print Suppliers

By accepting these Terms and Conditions you agree to:

• Provide to the Buyer any product or service that you have listed on the Website.
• Settle any disputes directly with the Buyer removing Printgenie from any liability.
• Make available your trading Terms and Conditions on your website or customer documentation.
• Accept all orders placed by Buyers except in the case that:
  • You cannot produce the job in the time frame required by the Buyer.
  • The job infringes on Copyright, is illegal matter, or you have a moral, religious or legal obligation not to accept the job.
  • If you cannot produce a job for any reason, you agree that you will communicate to the Buyer a reasonable explanation for doing so in a timely manner.
• Pay any fees due to Printgenie once you have accepted a job request. Job cancellations or non-acceptance of jobs based upon the criteria outlined above do not exclude you from payment of Printgenie fees once you have agreed to accept a job request. It is your responsibility to recover any loss directly from the Buyer.
• Communicate any additional charges relating to any job to the Buyer, and recover them directly from the Buyer. No additional charges will be borne by Printgenie.
• Provide product prices on the Website inclusive of but not limited to file downloading, file checking / flight checking, production, delivery, taxes and duties as prescribed on the job request and the site. No other fees can be added to the cost of the job except in the case that the Buyer has not supplied the correct details of the job or the artwork file is not in a format as outlined in your Terms and Conditions.
• To collect payment from the Buyer. Printgenie does not collect payment from the Buyer your behalf.

Liability

By accepting these terms and conditions you (the User) agree that Printgenie will not be held liable for:

• Any financial loss caused by another user.
• Any financial loss caused the Website.
• Any loss of data.
• Any incorrect pricing provided by Print Suppliers.
• Any disputes arising between Users.

Intellectual Property

What we permit you to do/not do

Printgenie owns all of the material on this website (aside from uploaded artwork). This includes, but is not limited to, all text, designs, logos, graphics, computer programs, audio, video and code (including HTML) in any form. Unless stated otherwise in these terms and conditions of use, none of the material on this web site may be reproduced, downloaded, distributed, copied, republished, displayed or transmitted in any form whatsoever without our written permission. We grant you permission to view this web site with a web browser provided that you do not:

• modify the material on this web site;
• resell the material on this web site; or
• create derivative works from the material on this web site.

We may withdraw this permission at any time without notice to you. You may not use, frame or use framing techniques to enclose, any material on this web site without our written consent. Further, you may not make use of any 'meta tags' or other 'hidden text' that uses our name or trademark or product name without our written consent.

Third Party Sites

Printgenie does not assume any responsibility for the content of any third party sites provided through or on our site. We will take every care to uphold all copyrights and to respond accordingly when notified of the infringement of those rights. Our site may include links to other sites on the Internet that are owned and operated by third party suppliers and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.

Trademarks

Any trademarks displayed on the Printgenie site are the trademarks of their respective owners, and are not intended to imply, endorse or have any affiliation between Printgenie and these companies.

Disclaimer

Printgenie shall not be held responsible or liable for any actions taken based on the information, services or products provided on the Printgenie website, or for any loss, damage, expense or injury resulting from any transactions conducted with any online supplier or other third party listed on Printgenie website. This includes, without limitation, all text, graphics, and links. To the maximum extent permitted by law, Printgenie DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES OR, PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Printgenie is not able to ensure that information provided by suppliers and other third parties is always accurate. There may be errors in the collection or reporting of such information due to the large number of suppliers offering different products and services. Printgenie does not represent or warrant that the information accessible via our website is always accurate, complete or current, and shall not be liable for or responsible to honour (or to cause any supplier to honour) any erroneous information regarding the price, description and availability of, or any discounts, offers and promotions relating to any product or service available on our site or through our other services. Furthermore, due to the dynamic nature of the manufacturing, raw materials and currencies etc, all information regarding such matters is subject to change without notice. Printgenie SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH PRINTGENIE SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via the Printgenie site or other services.

If you have any questions about this Agreement, please contact Printgenie at admin@printgenie.com.au