TERMS & CONDITIONS
This website is operated by Elite DTG Printing. Throughout the site, the terms “we”, “us” and “our” refer to Elite DTG Printing. Elite DTG Printing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our website is hosted on Australian-based servers managed by Dream IT Host located at 19/2 Garden Boulevard, Dingley Village VIC 3172. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you agree that:
- Elite DTG Printing owns all intellectual property and other rights, title and interest in and to its site and Service (except for user-provided content). Your use of the site and Service does not grant you any right, title or interest to these properties, except as follows. Elite DTG Printing grants you a limited, revocable license to access and use the site and Service only for its intended purpose: the provision of an online, on-demand, customizable merchandising solution;
- you represent that you are at least the age of majority in your state or place of residence and you have given us your consent to allow any of your minor dependents to use this site;
- You may not use our products for any illegal or unauthorized purpose nor may you or assist or encourage any third party, in the use of the Service, that may violate any laws in your jurisdiction (including but not limited to copyright laws);
- You may only use the site and Service according to the terms, rules, and guidelines found on its site, and Elite DTG Printing may revoke this license and limit your access to the site and Service according to Section 15 (Termination of Access);
- You may not transmit any worms or viruses or any code that may interfere with the site and our service, software or hardware;
- You must not copy, modify, create derivative works from copyrighted materials, reverse engineer, decompile or disassemble any technology used to provide the site and service;
- You may not use any means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- You may not impersonate another person or entity in using the site and service;
- You may not use tags, terms, keywords or similar that contains Elite DTG Printing or its trademarks;
- You may not engage in any activity that interferes with another user’s ability to use the site and service, including activity that places a disproportionate burden on the site and Service compared to ordinary use from a single, ordinary user;
- You may not use the site and Service to promote hate speech, obscenity, or any content that violates Elite DTG Printing’s Community Standards, which may change from time to time.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.
The material (such as any information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational and are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email holds.
Moreover, any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and/or services are final, and are subject to change without notice. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders. Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
We reserve the right at any time to modify or discontinue any product or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
For customers ordering from outside the Australia, all product prices are inclusive of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
(a) Product Sales
Orders placed by customers on the website and Service signifies a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Elite DTG Printing. The order confirmation sent by the website does not automatically constitute to an acceptance of the offer, but an acknowledgement that an order was received. The offer is only accepted when Elite DTG Printing confirms that the order has been accepted and production will be completed in a follow up email. Specific products and/or services may be made available exclusively through the website. Hence, these may have limited quantities and are subject to our return and exchange only policy and we do not guarantee the continued availability of any products or designs found on the website.
We tried our best to ensure that the products displayed (not limited to colour, sizes and texture) are as accurate as possible. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate or represents the actual colour of the products made available on our website.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
(b) Bring Your Own
We reserve the right, but not obligated, to limit the acceptance of orders wherein the customer chooses to supply their own materials. The customer agrees that any defects or unmet expectations resulting from the use of any customer supplied material is at their own risk and is not subject to our refund and exchange policy.
For any other orders using our own materials, product defects or dissatisfaction for any reason, our Returns and exchange policy will apply, which is subject to change at any time in our sole discretion.
(c) Shipping and Delivery
We warrant that we will ship orders within three weeks after orders are placed. Normally, items are shipped within a few days and typical delivery times are 3-5 days, but in certain circumstances that is beyond our control, shipment and delivery may take up to three weeks. As for more specific delivery times and terms, both parties may reach an agreement in a separate writing.
Items will be delivered using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Express shipping can be an option but at an additional cost. These costs are displayed at the time of checkout.
The order is considered completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and we cannot replace the order in a reasonable amount of time, we will notify the customer immediately.
Customers will be provided several payment options such as direct debit, credit card, advance payment, bank transfer or other payment methods. We reserve the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
If the customer selects a payment method or provides payment information that is insufficient to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault on our end, the customer agrees that we may add an additional charge to the order to recoup costs associated with processing or attempting to process the payment transaction.
Elite DTG Printing may sub-contract third parties to process and receive payment. Any payments handled through this third-party is subject to the sub-contractor’s privacy and security policies, hence, we are not liable for any breach.
If the customer fails to pay, we reserve the right for claiming any outstanding amount due and may assign a debt collection agency. The customer agrees the transfer of any personal data required for collecting payment to these third parties.
(e) Legal title to products
Until we receive full payment for an order and the order is shipped, title to the items remains with Elite DTG Printing. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer is expected and should handle products with care until the transfer of ownership is complete (for example, in cases of a product return).
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by entities that will use and resell our brand without authorisation (may not be limited to dealers, resellers or distributors). You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION & DATA PROTECTION
You also acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 14 – EXCLUSION & LIMITATION OF LIABILITY
Subject to law, nothing contained in these Terms of Service excludes, restricts, limits or modifies any:
- implied condition, warranty or other term of these Terms of Service where pursuant to applicable law to do so is unlawful or void; or
- liability in respect of a breach of these Terms of Service where pursuant to applicable law to do so is unlawful or void; or
- liability for fraud or deceit; or
- liability for death or personal injury caused by the negligence of either party.
We reserve the right that in no event shall Elite DTG Printing be liable to the website user, to any person or any representative of another entity under or in connection with these Terms of Service or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
- malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by Elite DTG Printing;
- accident, misuse or abuse by anyone other than Elite DTG Printing;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Elite DTG Printing;
- products (including any hardware or software) or services not licensed or supplied by Elite DTG Printing;
- power surge or failure,
- events of force majeure or events outside Elite DTG Printing actual control; or
- any other condition not arising under normal operating conditions;
- any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Service;
In no case shall Elite DTG Printing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Elite DTG Printing has been advised of the possibility of any particular loss or damage.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elite DTG Printing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Service, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – VARIATION
Elite DTG Printing may amend unilaterally these Terms of Service in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user’s continued access and use of the Website and the Services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Service may not be otherwise amended. If user does not agree to any amendments to these Terms of Service or to any of the current terms, the customer has the right to choose not to utilise the Website and any of our services.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws enforced for the time being in the state of Victoria, Australia (without regard to its conflict of law rules).
Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Elite DTG Printing may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Service on giving user no less than five (5) days notice in writing.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.