Terms and Conditions
These Terms and Conditions (hereinafter, referred to as the "Terms") for the website http://www.mylocal3dprinting.com (hereinafter, referred to as the "Website") constitute a legal agreement between the user ("you", "your", "user") of the Website and Mylocal3DPrinting Pty Ltd with a principal place of business at Unit 3, 5 Stanley Avenue, Hawthorn East, Victoria 3123, Australia (hereinafter, referred to as the "Company", "we", "us", "our"). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in case that you agree to the Terms.
1. The Website
1.1 The Company provides various services through the Website (hereinafter, referred to as the "Services"). The Services include, but are not limited to: (1) a crowdsourcing platform providing a venue where persons looking for design services and providers of design services can meet and work together; (2) services allowing the users of the Website to order 3D printed products from us;
2. Ordering of 3D printed products
2.1 Making an order. If you would like to order 3D printed products from us, you will need to select the files you would like to print and click on the order button. Afterwards, you will need to select the quantity of the 3D printed products. Next, we will request you to provide us with a delivery address. Then, we will redirect you to the webpage of our payment service provider. Please note that the entire ordering process will be conducted in English.
2.2 Cancellation and refund. You are entitled to cancel orders. However, because we are providing customized products, you are not entitled to a refund of an order cancelled after it goes into production.
2.3 Shipping. We will deliver your order to the delivery address provided by you. The Company is able to deliver goods to multiple countries. Please note that any shipping and delivery dates provided by us to you are mere indications. We exclude any liability in relation to delayed deliveries. As soon as we transfer the goods to the shipment carrier, the transfer of the goods is transferred to you.
2.4 Unacceptable orders. The Company may, at its sole discretion, not accept or cancel your order. For example, the Company may cancel your order if the 3D printed products cannot be delivered to your address. In case the Company cancels your order, the Company will contact you and, at its sole discretion, provide you with a full refund for the cancelled products.
2.5 Prices published on the Website. The prices published on the Website are mere indications. The prices are valid for the time period for which they are displayed on the Website. The Company may change the prices published on the Website without providing you with a prior notice. Such changes will not have any effect on orders made before the posting of a new price on the Website. While we put reasonable efforts to prevent errors in pricing, we are not bound by our offers. If an error in pricing occurs, we may cancel an order. In such a case, we will provide you with a full refund of the cancelled order.
2.6 Payment terms. If you use an Australian IP address or visit the Australian version of the Website, all prices on the Website will be indicated in Australian dollars (AUD). If you use a New Zealand IP address or visit the New Zealand version of the Website, all prices on the Website will be indicated in New Zealand dollars (NZD). Except in the aforementioned cases, all prices on the Website will be indicated in U.S. dollars (USD). The prices do not include any import duty or taxes. If you would like to convert your currency, the currency conversion will be made by our payment service provider. You will be solely responsible for paying the exchange fees and other fees associated with the currency conversion. The Company cannot accept liability for a payment not reaching the correct account due to you quoting incorrect personal information or an incorrect account number.
2.7 Acceptance of your order. As soon as we accept your order, we will confirm your order by sending an email to your email address. In case we are not able to accept your order, we will send you an email. We kindly request you to verify the details in the confirmation email. In case you find any errors, please send us an email.
2.8 Tracking your order. The Website allows you to track your order.
3.1 The Company warrants that the 3D products printed by us will meet the features indicated on the Website. However, the Company cannot warrant that the 3D products printed by us will be fit for any particular purposes. If you receive 3D printing products which do not meet the features indicated on the Website, please contact us within ten days after receipt of the faulty 3D printing products. Please do not return the 3D printing products unless we request you to do so. The Company will inform you whether you are entitled to a replacement of refund. We will bear the transportation costs for a faulty product.
3.2 The Website and the Services are provided on “as is” and “as available” basis. The Company does not warrant the Services will be error free or function without interruption.
3.3 UNLESS OTHERWISE STATED IN THESE TERMS, THE COMPANY MAKES NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE AFOREMENTIONED PROVISIONS DO NOT APPLY TO STATES WHICH DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
3.4 THE MATERIALS USED BY US FOR PRODUCING 3D PRINTING PRODUCTS ARE SUITABLE ONLY FOR DECORATIVE PURPOSES. THE MATERIALS MAY NOT BE SUITABLE FOR OTHER PURPOSES (E.G. TOYS).
4.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 16 years of age;
4.2 Depending on your local laws, a person over 15 but under 18 is entitled to use an adult's account after receiving a permission of the account holder. In this case, the account holder is responsible for any activities in relation to that account.
5. User-generated content
5.1 The Website offers users the opportunity to post information on the Website, including, but not limited, 3D designs, pictures of 3D objects, projects, photos, images, feedback, ratings, and text (collectively referred to as “User-Generated Content”).
5.2 You agree not to submit any User-Generated Content or other material that:
(i) contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
(ii) violates the applicable privacy laws;
(iii) is submitted by using fake email addresses;
(iv) constitutes an unfair or deceptive trade practice;
(v) infringes the intellectual property rights of others;
(vi) is false or misleading;
(vii) is racially, ethnically or otherwise objectionable in any manner;
(viii) is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
(ix) promotes the use of alcohol and tobacco;
(x) promotes the use of illegal drugs or any other illegal substance;
(xi) constitutes spam or other abusive messaging;
5.3 The Company further reserves the right, in its sole discretion, to remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
5.4 You will be solely responsible and liable for, and will indemnify the Company and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
5.5. Except for your 3D designs, you grant to the Company unrestricted, royalty-free, perpetual, and irrevocable rights to use, copy, store, transfer, and display your User-Generated Content for the purpose of the Website.
6. Intellectual property rights of 3D Designs
6.1 You retain all your intellectual property rights in your 3D design. The Company is not entitled to modify or use your 3D design.
6.2 By uploading a 3D design, you warrant that the design is your original creation and it is not copied from any third person. In case your 3D design violates the intellectual property rights of others, you will defend the company against any third party claims. Moreover, if your 3D design violates the intellectual property of others, you will be liable for all damages incurred by the Company in relation with such claims.
6.3 By uploading a 3D design to the Website, you grant the Company a non-exclusive, royalty free, worldwide, transferable license on your design to: (i) use it for printing your 3D design; (ii) display it on the Website if you provide us with a permission to do so. You are entitled to withdraw the rights provided to us under this Section 6.3 at any time.
6.4 If you remove your 3D design from the Website, you terminate all licenses in relation to your 3D design which you have granted to the company. After you remove your 3D design from the Website, the Company is entitled to fulfill orders that were placed before you have removed your 3D design from the Website. Moreover, the Company reserves the right to use your 3D design for promotional purposes for 6 months after you remove your 3D design from the Website. The Company can use 3D designs for promotional purposes only after receiving your explicit written content.
7.1 You are not allowed to publish on the Website any advertisement concerning an external website, product, or a service. Any links that you post on the Website must relate to a particular project performed on the Website. For example, you can publish on the Website links to your professional portfolio.
7.2 By using the Website, you acknowledge and agree that the Company may display advertisements and promotions on the Website. The Company explicitly excludes any liability in relation to such advertisements and promotion. Please note that the content of the advertisements and the promotions published on the Website may be protected by the Australian and international intellectual property laws. You are not authorized to modify, sell, or create derivative works on the basis of the advertisements and the promotions published on the Website.
7.3 By using the Website, you agree that the Company may display your public profile, business name, trademarks, logos, images, and public description of your projects as part of the Services and/or other promotion materials concerning the Website unless you request the Company in writing not to do this and the Company agrees in writing to your request.
8. Communication with other users
8.1 You are not entitled to post your email address or other contact details on the Website unless you have been explicitly requested by the Company.
8.2 You are entitled to communicate with other users only by using the Website. You are not entitled to communicate with other users by using other communication tools, such as telephone, Skype, email, ICQ, and Yahoo.
9. Review of your correspondence
9.1 You acknowledge and agree that we may read and make copies of all your correspondence posted to the Website for the purpose of combating fraud and for risk management purposes.
10. Identity check
10.1 You hereby authorize us to perform any actions in relation to the verification of your identity. We may use third parties in order to verify your identity.
11.1 If you would like to withdraw the funds earned by you through the Website, you will need to wait fifteen days. This time period helps us to prevent frauds.
11.2 Except for the first withdrawal, any withdrawal may be delayed up to fifteen days in order to help us to prevent fraud.
11.3 You are not entitled to withdraw amounts smaller than USD $30 after fees.
12.1 In case we receive chargebacks in relation to payments received by you, we are entitled to recover such payments on funds paid to you by users of the Website.
13. Milestone payments and disputes
13.1 After you create a project, the Company will automatically lock milestone payments from the person who created the project (hereinafter, referred to as the “Client”). When the project is completed successfully, the Company will transfer the locked milestone payments to the person who performed the project (hereinafter, referred to as the “Contractor”). The Company will not release milestone payments for the parts of the project which are not successfully completed by the Contractor.
13.2 If the Client does not approve Contractor’s work product and the Contractor disagrees with the disapproval, the Client and the Contractor shall attempt to amicably resolve the dispute. If the dispute is not amicably settled by the disputants, then the Contractor may send a complaint to us. We will investigate the issue.
14. Our fees
14.1 The Company charges fees for some of the Services. Our fee schedule (hereinafter, referred to as the “Fee Schedule”) is available at http://www.mylocal3dprinting.com/fee-schedule. We may update the Fee Schedule from time to time.
15.1 You are solely responsible for paying any taxes applying to you in your jurisdiction. Since the Company is incorporated in Australia, Australian users will be subject to a 10% Goods and Services Tax (GST) on all fees paid by them to us. The applicable GST will be shown separately in the invoices issued by us to Australian users.
16. Payment Administration Agent
16.1 You hereby acknowledge and agree that the Company may, in its sole discretion, appoint related business entities or third parties as our agents with the aim to accept or make payments from or to you on our behalf (hereinafter, referred to as “Payment Administration Agents”). The Payment Administration Agents will have the same rights that the Company has under these Terms. The Payment Administration Agents will be entitled to enforce those rights in their own name or as our agents. In no event shall the Company be liable to you for any damage, liability, or loss arising out of Payment Administration Agents’ negligence and/or acts beyond the powers provided to Payment Administration Agents by the Company.
17. Inactive accounts
17.1 In case you do not use your account for a time period of 12 months, we may close your account.
18.1 If you would like to subscribe for our newsletter, you need to use “Sign up for newsletter” functionality available on the Website.
18.2 If you would like to unsubscribe from our newsletter, please use the unsubscribe link included in any newsletter submitted by the Company to you.
19. Customer Support
19.1 If you would like to submit your support query to us, please send us an email at email@example.com .
20. A license to use the Website
20.1 Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
21. Company's Content
21.1 The Website contains materials that are owned by the Company (hereinafter, referred to as "Company’s Content"). Such materials include, but are not limited to, text, images, and source code. Company's Content is intellectual property of the Company. Company's Content is protected by the intellectual property law of the Australia and the applicable international intellectual property laws.
22. License restrictions
22.1 Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Company's Content to third parties.
23.1 All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
23.2 All User-Generated Content is owned by their respective owners and the Company is not responsible in any manner for that content.
25.1. The Company will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
25.2. The Company does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
26.1 The Website may contain links to other websites. The Company is not responsible for the content of those websites.
27. Limitation of Liability
27.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
28.1 These Terms are effective until terminated.
28.2 The Company may terminate the Terms at any time at its sole discretion by sending you an email or a message in the Website. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
28.3 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website.
29. Right to Refuse Services
29.1 At its sole discretion, the Company is entitled to close, limit, or suspend your account on the Website without sending a notice to you.
29.2 Without prejudice to Section 29.1, the Company is entitled to close, limit, or suspend your account on the Website for the following reasons:
- You have breached these Terms;
- You (1) under-bid any of the projects published on the Website and, later, (2) renegotiate the actual price with the aim to avoid paying our fees;
- You have violated the intellectual property rights of others, including, but not limited to, privacy rights and intellectual property rights;
- You have conducted or you are currently conducting illegal activities;
- You do not respond to our requests to verify your account;
- You do not verify your account within a time period of 3 months commencing on the date of receiving our account verification request;
- You are subject of Australian, EU, United Nations, or USA sanctions regime;
- Our relationship with payment service providers do not allow us to make business with you;
- We need to manage any risk or loss to our users, the Company, or other persons;
29.3 In case we close your account because of your breach of the Terms, you will be liable to pay fees as described in this Section.
29.4 Without prejudice to any other remedies, if you breach these Terms, you are responsible for paying to the Company: (1) all fees owed to the Company by you; (2) reimbursements for all losses and costs (including reimbursements for the time of our employees); (3) reasonable expenses (including legal fees) concerning the investigations of such breach; (4) the expenses necessary for collecting the fees mentioned in this Section 29.4.
29.5 You acknowledge and agree that: (1) any damages sustained by us due to your breach of these Terms will be substantial and may include, but are not limited to, fines and other expenses imposed on us by third parties; (2) any damages sustained by us due to your breach of these Terms will be difficult to ascertain; (3) in case you breach these Terms, the Company may impose you a fine of up to AUD 3.000 for each of the breaches and/or the Company may commence legal proceedings in order to recover losses that exceed the aforementioned fines; (4) the Company is entitled to release the entire amount of the fine from your user account on the Website.
29.6 In case we close your user account on the Website for a reason different than your breach of these Terms, you will receive any payment owed to you by us.
29.7 If we close your account on the Website for any reason, you will not be entitled to commence any legal proceedings against us in relation to the closing of your account.
30. Governing Law
30.1 The Terms shall be governed by the laws of Australia.
31. Amendment of these Terms
31.1 The Company reserves the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
32. Last amendment
32.1 These Terms have been last amended on 1st of October 2015.
33. Contact details
33.1 If you have any questions about these Terms, please contact the Company by email at firstname.lastname@example.org .