Terms & Conditions
By using the Yesprint Website, you acknowledge that you have read and understood the Terms and Conditions listed below and agree to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using the Website and if you do not agree with these, then you must immediately stop using the Website.
We do not represent or warrant that the Website will be accessible or available on a timely basis, or that access to the Website will be uninterrupted or error free. Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Website. We may modify or close down the Website (or part of it) at any time without any liability on our part.
Communications with Yesprint
When you visit Yesprint or send e-mails to us, you are communicating with us electronically and in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement and that such communications shall be in writing.
As a condition of your purchase from us we reserve the right to email you alerts, product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We will immediately remove your email from the communication list and we will no longer send you these special offers.
This site and its contents are subject to copyright. The copyright is owned by Yesprint AU Pty. Ltd.(A.B.N 46 132 651 668) [Yesprint], or in the case of some material, a third party. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
You agree that your access to, and use of, this site is subject to these terms and all applicable laws and is at your own risk. This site and its contents are provided to you on an “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current. Yesprint makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
Neither Yesprint, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of or in any way related to the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
Product Description, Correction of Errors and Inaccuracies, Limitations on Quantity
Yesprint and its affiliates attempt to be as accurate as possible. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise in advance for any inconveniences this may cause. Your sole remedy in such situations is to return the product in an unused condition.
This section applies to a design and/or print service forming the whole or part of the Services provided by Yesprint.
1 Nothing herein conveys to either party any right, title, interest in the other party’s pre-existing intellectual property. All intellectual property rights created by or arising out of the performance of the Services by Yesprint will vest in Yesprint. Upon payment of fees due and owing in respect of the relevant Services, Yesprint grants to the Customer a perpetual and royalty free licence to use the same for the purposes of enjoyment of the benefit of the Services.
2 In creating printed materials for the Customer Yesprint will submit to the Customer for approval, prior to publishing, distributing or issuing those printed materials in accordance with the Customer’s order or instructions, a draft of those printed materials (“Proof”).The Customer must promptly review, check and verify the design and content of the Proof. The Customer releases Yesprint from and against all liabilities, loss, damage, demands, claims, costs and expenses caused by any inaccuracy or other defect in the printed materials which were present in the Proof reviewed by the Customer. The Customer indemnifies Yesprint and its employees, agents and contractors against all liabilities, loss, damages, demands, claims, costs and expenses incurred by them as a result of the publication, distribution or issuing of the printed materials including any reliance placed by any person on their contents.
Except where otherwise noted, where a Recommended Retail Price (RRP) is displayed for products on our website, this represents the full retail price listed on the product itself as suggested by the manufacturer or supplier or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. With respect to items sold by Yesprint, we cannot confirm the price of an item until after your order has being processed. Despite our best efforts, a small number of the items in our catalogue may be mis-priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Warranties and Indemnities
1 These Conditions of Contract do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified and should any of these conditions be held to so exclude, restrict or modify then those conditions shall be deemed to be severed from these Conditions of Contract.
2 To the extent permitted by law, Yesprint’s liability for any loss or damage arising from or relating to the provision of the Services, including negligence, shall be limited at Yesprint’s discretion to one of the following:
(a) Payment of the cost of supplying the relevant Services in respect of which the loss or damage arose; or
(b) supplying the Services again.
In no event will Yesprint have any liability to the Customer for any additional loss or liability, including any indirect or consequential loss or damage, resulting from Yesprint’s provision of the Services or otherwise, , including without limitation liability for the costs of replacing any Materials, or in the event of non-delivery of Materials, liability for the production and printing costs of the Materials.
3 The Customer warrants that any and all Materials and Pre-Print Materials:
(a) do not contain any matter which is obscene, defamatory, or illegal or which infringes any copyright, trade mark or other intellectual property right;
(b) are accurate and up-to-date;
(c) can be used in providing of the Services without contravening any Law or the rights of any third party; and
(d) to the extent that they incorporate Personal Information concerning individuals:
(i) information has been collected in compliance with the Privacy Laws and, in particular, has been collected by lawful and fair means and not in an unreasonably intrusive way; and
(ii) at or before the time of collection, reasonable steps were taken to ensure the individuals whose Personal Information was collected were made aware of the purpose for which it was being collected and that the individuals have a right of access to their Personal Information; and
(iii) use of the information in providing the Services will not breach the Privacy Laws.
4 Without limiting any other right or remedy available to it, Yesprint may reject any Materials, Pre-Print Materials or an order for Services which fails to comply with the Customer’s warranty in above clause 3.
5 The Customer will and does hereby indemnify Yesprint its servants and agents against all liability, claims, actions, proceedings, losses, damage, costs and expenses incurred by Yesprint arising out of or relating to any breach by the Customer of its obligations in these Conditions of Contract, any breach of warranty by the Customer, the content of the Materials and Pre-Print Materials, and any negligent or wrongful or unlawful act or omission on the part of the Customer, its employees or agents.
Yesprint will use its best endeavours to maintain a site that is virus free, but cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Yesprint entirely of all responsibility for any consequences of its use.
1 Governing Law
The Customer agrees that these Conditions of Contract shall be construed according to the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that state.
YESPRINT may in its discretion sub-contract any or all of the provision of the Services.