Terms of Use

These terms of use govern your access to, and use of, the footandplaysted.com.au website (the “site”). This includes access and use from any device, including mobile devices, and governs the provision and sale of products and/or services from Foot & Playsted Pty Ltd (henceforth referred to as “Foot & Playsted”, “F&P”, “we”, “us” or “our”).

Acceptance of Terms of Use

By accessing footandplaysted.com.au or any subdomains and pages associated with this domain you agree to be bound by these Terms of Use along with any additional guidelines or restrictions set out in the content of the site. If you are accessing the site on behalf of an organisation, you declare that you are authorised to accept these terms on their behalf and bind that organisation and its members to these Terms of Use.

Terms of Sale

All products or services offered through the site are without any obligation and subject to availability and confirmation of the order. An agreement between you and F&P is subject to our acceptance of the order and will be formed when you receive an Order Confirmation by email.

Privacy

Details of Foot & Playsted’s collection and use of customer data gathered via the site can be found in the Privacy Policy.

User Accounts

When you make a purchase from the site, you have the option of creating a “User Account”. The customer will, at all times, be responsible for each and every use of the account. F&P has the right to close the account at any time in the event that you breach the Terms of Use in any way. You agree that F&P is not liable for any damages that arise directly or indirectly from you being unable to access your User Account, regardless of the circumstances.

Copyrighted Material

All content provided by the site, including but not limited to all text and images, are copyrighted property of F&P unless specifically stated. All rights are reserved and it is strictly prohibited to retain, copy, distribute, publish or use any portion if the content without prior written consent from Foot & Playsted Pty Ltd.

Use of the Site

You are granted permission to access and use the site and its content for the sole purposes of evaluating services and ordering products from Foot & Playsted. No retention, publication, use or distribution of content is permitted. Obtaining any product from F&P does not entitle you to any content or item other than the finished printed product provided to you by F&P.

You agree to use the site in a responsible manner and not to use the site or any F&P services produce any material that could be considered offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.

Customer-Supplied Artwork

The customer represents that they are authorised to use, modify, create deriviative works and publish any copyrighted or trademarked material included in their artwork file, and assumes all legal responsibility for distribution of the material.

You agree that F&P may use, modify or create derivative works from your supplied artwork files where this is necessary to facilitate the requested product or service.

F&P reserves the right to refuse to produce any product where the artwork file is supplied by a customer, for any reason. Such reasons include, but are not limited to, the following:

  1. The supplied artwork file is deemed by F&P to be unsuitable for printing for technical reasons (such as unsuitable document size, colour or bleed information)
  2. The supplied artwork file contains content that F&P deem to be inappropriate (such as unlawful, pornographic, obscene or otherwise objectionable material)

The customer assumes all responisibilty for any damages resulting from the printing of their supplied artwork. This includes any legal, monetary or physical ramifications resulting from the distribution or publication of this work.

Indemnification

You agree that you shall indemnify F&P and our suppliers, along with their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that you uploaded or otherwise provided to F&P or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

The site and its content are provided “as is” without and worranty of any kind, either expressed or implied, inluding, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterupted or error free. References to links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.

These Terms of Use do not seek to restrict applicable statutory warranties and guarantees provided under Australian law. To the extent permitted by law, Foot & Playsted (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of F&P to one of the following: (a) full or partial refund of the price paid for the goods or services; (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (c) in the case of goods, the replacement of the goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Foot & Playsted can not be held responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of materials, quantity or product type, and damage to the products arising after delivery to the customer. Foot & Playsted does not provide hardcopy proofs for orders received via the site.

Liability

To the maximum extent permitted by law, in no event shall Foot & Playsted or suppliers, officers, directors, employees or agents be liable for any incidental, indirect or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Foot & Playsted has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Foot & Playsted, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Foot & Playsted be liable or responsible for consequences arising from or related to you inappropriate or unauthorised use of this site or its content.