Terms & Conditions

1. Acceptance of Terms

Thank you for using Digital Printive services. Digital Printive is a Western Australian company based in South Perth. Digital Printive aims to empower creative people—a service began by creatives, for creatives.

By acknowledging these terms, using the site, uploading any data or images, or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, you are free to not accept them and discontinue using and accessing the site. These Terms are applicable to your use of the site regardless of how you accessed the site. If you do not agree to any amendment of these Terms, you must immediately stop using the site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, Digital Printive will notify you via email and/or by posting a notice on the homepage of the site. It is your responsibility to review these Terms from time to time so that you understand the terms and conditions of your use of the site. Please contact Digital Printive if you have any questions regarding these terms.

If you are accessing the Digital Printive site, you must be above 16 years of age. Digital Printive does not specifically collect information about minors and the website is not directed to children. If this site has collected information from a child under the applicable age, their information will be deleted as soon as possible. If you are under the required age, we will only provide you Digital Printive services upon receiving their guardian's or parent's permission.

2. Customer Account

Once you register on the Digital Printive site and create your own password, you will receive an email confirming the creation of your account. You are responsible for protecting the privacy of your own password. You are fully responsible for all activities that occur under your password or account. On completion of your activity on your account and the Digital Printive site, ensure that you log off your account. If there is a breach with your account, you must notify Digital Printive immediately. Digital Printive is not liable for any loss or damages arising from unauthorised use of your account.

3. Content

You acknowledge that given the automated self-service nature of Digital Printive's site, Digital Printive is not able to review all images and designs that are uploaded to the site. However, Digital Printive shall have the right, but is not obligated, to review, reject, and/or remove any content that is available via the site. Upon placing any order through the site, or making designs available for sale, you acknowledge that Digital Printive may review your work to ensure it aligns with our guidelines and compliance with the terms and conditions set forth in these Terms. Digital Printive shall have the right to refuse to fulfil any order for any reason and to remove any content that violates the Terms. Digital Printive shall have the right to remove Content and/or suspend user accounts that violate these Terms. Digital Printive reserves the right to amend the Terms and its policies described above from time to time at its sole discretion.

You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Digital Printive nor any other party involved in manufacturing assumes that responsibility. Digital Printive's services of production of any material depicting your design shall be pursuant to your order and specification. Digital Printive shall merely function as a printer of such products. Digital Printive's production of any product depicting your designs does not imply that Digital Printive accepts, approves, or endorses your work, or that your work complies with applicable laws, or that you are absolved of any liability or harm arising from the use of your work.

By posting your designs on this site and choosing to make it public, other websites or parties are able to copy and re-post your work, including without limitation, approved third-party websites that have access to the site (discussed in Privacy Policy section below). You agree to hold Digital Printive harmless for any dispute concerning this use. If you choose to display any image displayed on this site on another website, the image must provide a link back to its listing page.

You hereby agree to waive any claims against Digital Printive and its affiliates, contractors, agents, third party service providers and employees (collectively, "Representatives") for losses, damages and injuries which are based on or relate to communications or materials made available to the site or posted on the site, including other designs, by other users and persons other than Digital Printive or its Representatives.

You represent and warrant that all contact and personal information provided to Digital Printive during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with the site's database.

4. Quality and Variations of Service

You agree and understand that when providing your design for production, Digital Printive can only reproduce artwork based on the file that has been provided. When providing your content for production, you acknowledge that the file has been approved by you for manufacturing use and is suitable for print. This relates to the scale the artwork is set to, the quality of pixels in the image, and a reasonable understanding of the outcomes and related limitations of a digital file being printed onto a textile.

You are responsible for ensuring the provision of files is the correct format appropriate for production. Including, but not limited to, correct scale, orientation, singulation of layers, and correct spacing. Please be aware that files are printed with no spacing between, and we advise you carefully review your designs. If your design requires a border/gap/spacing, please ensure that is reflected in your file. Details of accepted file formats are available on the site. Digital Printive will not take responsibility for any changes that have been made by Digital Printive to your files at your request. By providing files for production, you acknowledge that you have full ownership, permissions, or licensing rights to reproduce and replicate a print/artwork/design/drawing/illustration.

Digital Printive will to the best of their ability reproduce your content onto your selected textile to achieve the best possible colour match. By printing files with Digital Printive, you are accepting print colour will have variation from screen to textile and not all colours can be printed. Colour variation from monitor to the printed fabric is inevitable as each monitor displays a different version of a colour.

Digital Printive recommends using a textile for your content's production from the list of stock fabrics available on the site. It is recommended that clients undertake a test print before committing to larger quantities.

For orders over 50 metres, it is your responsibility to contact Digital Printive with your contact information and complete a large order request form. If you do not follow the above process, Digital Printive will contact you directly to collect your contact information, confirm your order, and ask you to complete a large order request form. You understand and agree it is your responsibility to ensure all printed fabric is suitable for its intended application and meets the specific quality standards including, for example, colour fastness, wash fastness, rub fastness, and to establish appropriate care instructions and labelling.

Digital Printive's selection of fabrics may have subtle imperfections inherent to textile manufacturing, whether in yarn, weave, or dye finishing processes. Our fabrics have been selected due to their high quality and performance when test printed. There may be circumstances where faults in the fabric, fabric preparation, or printing have occurred and not been noticed prior to shipping. Digital Printive cannot guarantee that subtle imperfections will not be included in any given fabric order. These subtle imperfections include but are not limited to fluff, slubbing, yarn thickness variation, fibre cross pollution presenting variation in yarn colour, skew, and off-grain at selvage. If you have an artwork that will not accommodate natural fabric imperfections that cannot be mitigated against, please contact Digital Printive directly to receive an appropriate recommendation.

5. Production Turnaround

Digital Printive provides itself with a fourteen (14) to twenty-one (21) day timeframe to manufacture your order. Digital Printive will use all reasonable endeavours and means to carry out the services in the agreed timeframe but will not be held liable for delays or other failures to perform that result from events or circumstances beyond reasonable control, including but not limited to supplier delays, equipment failures, natural disasters, or public health emergencies. Please be aware if you delay or fail to provide agreed resources, information, or services to Digital Printive relative to your order, the above timeframe is void. Digital Printive will communicate with you in writing the required information paramount to completion of your order and establish an appropriate timeframe for completion.

6. Consumer Conduct

When you upload your images, designs, drawings, text, or other content ("Content", "Designs", "Work") to the site, you keep your copyright and any other intellectual property rights. You also control the account settings that determine whether or not your work can be shared or sold through the site. In order to maintain and provide the site, Digital Printive is required to be able to display, modify, and distribute your Content. Digital Printive will only perform these actions to the extent necessary to provide the site.

By submitting your work or utilising this site, you grant Digital Printive a royalty-free, non-exclusive, worldwide, transferable license to display, modify, and distribute images of your work and the goods created from or based on your work so long as such process is an essential step in maintaining this site.

By default, all your designs uploaded to this site are not available to the public unless you specifically signify that you request your work to be made available to the public. In addition to making your work available to public, you may also request to make your work available for sale on the site by agreeing to the terms of Digital Printive's Seller's Agreement. If you choose to make your work public and/or available for sale on the site, you can also choose to remove them from sale or make your work private at any time you choose.

Please be aware that by making your work public on the site, you give Digital Printive the right to display or produce your designs, including capturing images of goods that incorporate your work, with the intention to help market both the site and the creators who use the site. Be aware that Google and other search engines will also index public designs and the information included in public user profiles.

By uploading your work to this site you represent and warrant that:

• You have the lawful right to reproduce and distribute the uploaded design or work.
• The design or work does not violate any copyright, trademark, trade secret, or other intellectual property right of any third party.
• The design or work complies with all applicable federal, state, and local laws, regulations, and ordinances.
• The design or work does not invade any individual's right of privacy or celebrity.
• The design or work is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, pornographic, indecent, inflammatory, libellous, hateful, or otherwise objectionable.
• The design or work does not comprise or consist of, or suggest hate speech in any form. Hate speech shall include any content that implies violence or hatred against individuals or groups based on certain characteristics, such as race, ethnicity, religion, disability, gender, age, or sexual orientation.

In using this site, you also agree:

• Not to impersonate any person or company. Not to falsely state or otherwise misrepresent your affiliation with a person or entity.
• Not to upload, download, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
• Not to upload, download, post, email, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Not to upload, download, post, email, or otherwise transmit false or misleading information.
• Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers, or networks connected to or accessible through the site or affiliated or linked websites.
• Not to access, tamper with, or use non-public areas of the site. Unauthorised individuals attempting to access these areas of the site may be subject to prosecution.
• Not to disrupt or interfere with any other user's enjoyment of the site or affiliated or linked websites, including without limitation, through any trolling, belligerent, or antagonistic behaviour towards other users or Digital Printive representatives.
• Not to collect or store personal information about any other user of the site.

Should a dispute arise between you and another user or a third party, Digital Printive urges you to contact the user or third party to resolve the dispute amicably. You can report disputes with other users to Digital Printive, although Digital Printive cannot guarantee that it will pursue a particular action on your behalf. You may also report, if it is appropriate, a dispute to law enforcement.

You hereby release Digital Printive and any employees of Digital Printive from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside third party.

7. Privacy Policy

Your privacy is paramount to Digital Printive. We collect and store personal information when you register, move through the site, make purchases, and sell your work. Digital Printive does not share customer information (including email addresses) unless it is necessary to provide you with products or services. This may include service providers that provide support services to Digital Printive or services that market products and services, administer our programs, operations, fulfil your requests, surveys, contests, and product reviews, or provide you with membership information. We promise that we will never sell or rent your telephone or email information to third party marketers. By using the site and accepting these Terms, you expressly consent to Digital Printive's use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

You acknowledge and agree that as provided in Digital Printive's Privacy Policy, in the event Digital Printive receives notification of an objection asserting that your work infringes the intellectual property right of another, Digital Printive shall have the right, in its discretion, to provide the rightful owner of the intellectual property ("Rights Owner") with your name and contact information as well as information concerning the design and the use or sale of the design through the site. You hereby agree to waive any claims against Digital Printive and its employees for the disclosure of information to a Rights Owner.

You acknowledge and agree that Digital Printive may preserve your work for as long as necessary for the purpose for which it was collected and may also disclose your work or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal process;
• Enforce these Terms;
• Respond to claims that any Content violates the rights of third parties; or
• Protect the rights, property, or personal safety of Digital Printive, its users, and the public.

We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Digital Printive.

You may not use personal information about other users in a way that is against Digital Printive's Privacy Policy. You may not harass, intimidate, threaten, or demean any other user. By doing so you would violate the terms of this Agreement, and your account may be terminated. You can report messages that violate these Terms to Digital Printive; however, there is no guarantee that your report will be pursued, or any particular action taken on your behalf. You may also report threatening or harassing messages to law enforcement as appropriate.

If you choose to make your profile public, your name, screen name, and public contact information will be displayed on the site to other users. Digital Printive is not liable for damage incurred due to use of personal information posted on your public profile on the site.

8. Proprietary Rights

You acknowledge and agree that, except for your work, any data, materials, or content, including but not limited to designs, text, photos, images, etc., or other material contained or distributed on or through the site by Digital Printive is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Digital Printive, shall belong to Digital Printive. You may not use, reproduce, or distribute any site content without the authorisation of Digital Printive, except for uses permitted by law.

You acknowledge and agree that the site and any software used in connection with the site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such software and the site shall remain the property of Digital Printive and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer, or create derivative works based on the site or the software, in whole or in part.

9. Copyright and Intellectual Property Policy

First and foremost, Digital Printive respects and protects the Intellectual Property rights of yours and others. Intellectual Property (IP) refers to the property of intangible creations of the human intellect. Main categories of IP include copyrights, patents, trademarks, and trade secrets. You cannot upload designs, images, trademarks, or characters to Digital Printive that you don't own or have permission to reproduce. It is your responsibility to understand the permissions associated with any design you upload. If you believe a design on our site violates your intellectual property rights or copyright, please notify us immediately.

At all times of service, you retain both copyright and control over your designs. Digital Printive will not sell, share, or reproduce your work. Digital Printive will generate images of its workspace and promote itself to continue its work. However, Digital Printive may at times capture images of your designs during the manufacturing process in its workspace. Therefore, your designs may be captured and promoted by Digital Printive advertising.

As you are in control of your own designs and creations, we trust in your good faith and judgement. Digital Printive is a locally driven collective that values its community and respects all its users. Therefore, Digital Printive reserves the right to refuse service of designs that are deemed inappropriate, disrespectful, or unsuitable for sharing with the community.

Your and others' intellectual property rights are very important and always respected by Digital Printive. We ask our members to follow the same values. Digital Printive may terminate the accounts of users it believes may be infringing the copyright, trademark, or other intellectual property rights of others.

It is in Digital Printive's best interest to respond quickly to claims of infringement. Digital Printive will promptly process and investigate notices of alleged copyright and/or trademark infringement and will take appropriate actions under the Copyright Act 1968 and other applicable Australian laws.

If you believe someone has infringed on your copyright and/or trademark, you must inform Digital Printive with written communication that details the information listed in this section. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work(s) claimed to have been infringed.
• An identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing content is located on our site so that the content can be found and verified that it exists.
• Contact information, including identification of the copyright owner, your name, address, telephone number, and email address.
• A statement by you that you have acted in good faith and believe that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty, that the above information in your notice is accurate and that you are authorised to act on behalf of the owner of the copyright interest involved.

Send the written infringement notice and the materials above to email: sales@digitalprintive.com.au

Upon receipt of notices complying, or substantially complying, with the Copyright Act and this section, Digital Printive will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

10. Warranty of Ownership and Non-infringement

You represent and warrant that you are the owner of the work which you submit and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights, or other rights in your content or any other parts of your work/designs.

11. Indemnity

You agree to hold Digital Printive and its employees harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on:

• Content you submit, post to, or transmit through the site;
• Your use of the site;
• Your connection to the site;
• Your violation of these Terms; or
• Your violation of any rights of a third party.

12. Termination

You agree that Digital Printive may delete your username, password, account (or any part thereof) or use of the site and remove and discard any of your work you may have contributed to the site, at any time for any reason or no reason. Digital Printive may also at any time modify the site, or any portion thereof, or discontinue providing the site, or any part thereof, with or without notice. Further, you agree that Digital Printive shall not be liable to you or any third party for any termination of your access to the site.

13. Links

The site may provide, or third parties may provide, links to other websites or resources. Because Digital Printive has no control of such sites and resources, you acknowledge and agree that Digital Printive is not responsible for the availability of such sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Printive is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

14. Pricing

Prices and products may change at Digital Printive's discretion. Prices for products on Digital Printive are described on our website and are incorporated into these Terms by reference. All prices are for the currency reflected on the site at the time of purchase.

15. Shipping

Digital Printive currently works with Australia Post to facilitate the delivery of your products. You shall hold the responsibility, title, and risk of loss for products ordered and purchased by you once the purchased products are handed over to the shipping carrier by Digital Printive. You shall be responsible for payment of all shipping, insurance, customs charges, and other transportation costs for shipment of products ordered by you through the site, unless otherwise stated on the site or agreed by Digital Printive (such as through a special offer). Please take the time to assess your products on arrival of delivery. Please contact Digital Printive if you have any concerns.

Delivery will be facilitated based on full instructions provided by you and will be carried out by postal or courier service. You will pay for postage upon purchase of your goods at the price indicated at the time of purchase or invoice. Postage and shipping charges will vary due to the size and weight of each individual order and will be charged accordingly.

In the event of a missing shipment, Digital Printive will work within its power to assist you with the location of your missing shipment. Digital Printive will not take responsibility for the third party service that is delivering a parcel. This is a service that has been paid for by you and claims for missing or faulty goods need to be taken up with the shipping service provider.

16. Returns and Refunds

Please contact Digital Printive directly should you feel a product is faulty and is required to be returned. Digital Printive hopes to maintain its high standards, and if your order has a fault, Digital Printive aims to resolve the fault timely and effectively. Returning product for a credit or refund will be at the customer's cost; no refund or credit will be awarded without Digital Printive receiving faulty goods. If a product has been damaged during shipping of your purchase, please contact Digital Printive directly with details of the fault.

17. Terminating Content or Accounts

If you wish to delete your account with Digital Printive, you may do so within your account settings.

If you choose to delete your content from the site, it will no longer be available or visible on the site. Digital Printive may retain copies of your content in our archives to the extent required by our systems for backing up and protecting our database or for other administrative purposes. If you purchase content and then delete it from your account, we preserve a copy of that content to fulfil the order. Likewise, if you make your content (e.g., design) available for sale to others and it is purchased before you delete that particular design, we keep that design in order to be able to fulfil the order. We do not use backup copies of deleted content except as provided in this above-explained scenario.

If you delete your account, Digital Printive reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations. Digital Printive does not archive or retain residual rights to deleted or retired work other than those outlined above.

18. Disclaimer of Warranties

You agree and understand that your use of the site is at your sole risk. This site and the information, services, products, and materials available through it are provided on an "as is" and "as available" basis.

To the fullest extent permissible pursuant to applicable law, Digital Printive and its Representatives expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title or implied warranties of merchantability, fitness for particular purpose, and non-infringement.

No advice or information, whether oral or written, obtained by you from Digital Printive or through or from the site shall create any warranty not expressly stated in these Terms.

Digital Printive does not make any warranty that:

• The site, its content, or any products ordered through the site, including fabrics, will meet your requirements; or
• That the site or service will be uninterrupted, timely, secure, or error free; or
• The quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations; or
• That defects, if any, will be corrected.

19. Limitation of Liability

You understand and agree that under no circumstances, including without limitation its own negligence, shall Digital Printive or its Representatives be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the site or any products ordered through the site.

In the event that you object to any of these Terms or are dissatisfied with your use of the site, your only recourse is to immediately discontinue your use of the site, and in the event that any products obtained through the site are defective, your remedy and Digital Printive's sole obligation shall be return of the defective products and, upon determination by Digital Printive of such defects, refund of any amounts paid by you to Digital Printive for such defective products.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

You agree that any claim or cause of action arising out of or related to your use of the site, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. General

If any provision of this agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of this agreement shall in no way be affected or impaired.

Digital Printive shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Digital Printive, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of nature, labour conditions, power failures, and Internet disturbances.

In the event of a dispute, notice will be given in writing. Digital Printive and the Client will in good faith attempt to resolve that dispute, which may involve mediation. If the dispute is not resolved within thirty (30) business days from the date the dispute was advised, either party may pursue resolution through the courts of Western Australia or through arbitration as mutually agreed.

This agreement will be governed by the laws of Western Australia. Digital Printive may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules under Australian law, and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Perth, Western Australia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Perth, Western Australia, necessary to protect the rights or the property of you or Digital Printive (or its Representatives), pending the completion of arbitration.