1. Terms & Conditions

1.1 These Terms & Conditions, together with the Website Terms and the Privacy Policy, govern the use of the Website and the Software. By continuing to use the Website and the Software, you agree to be bound by these Terms & Conditions, the Website Terms and the Privacy Policy.

1.2 TTW reserves the right to amend these Terms & Conditions from time to time. You should visit the Website regularly to ensure that you are aware of any changes to these Terms & Conditions.

1.3 All Orders are accepted and handled by TTW in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with TTW.

1.4 If you do not agree to these Terms & Conditions, please do not use the Website or the Software.

1.5 If you are under the age of 13 you may not use the Website or the Software or obtain goods or services from us. If you are between the ages of 13 and 18 you must have the permission of your parent or guardian to use the Website or the Software or obtain goods or services from us.

2. Definitions and Interpretation

In these Terms & Conditions, the following definitions and interpretations apply:

2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.

2.2 Headings are for reference only and shall not affect the construction of these Terms & Conditions.

2.3 A reference to a party if more than one is to them jointly and severally.

2.4 Any reference to a statute ordinance code or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements.

2.5 Any reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal entity.

2.6 A reference to “we”, “us” or “our” is a reference to TTW.

2.7 A reference to “you” or “your” is a reference to the person who is taken to agree to these Terms & Conditions pursuant to clause 1.

2.8 The following words shall have meaning given to them: “Consumer Legislation” means the Competition and Consumer Act 2010 (Cth) and any other consumer legislation in force from time to time.
Content” has the meaning given to this term in clause 4.
Discount Codes” has the meaning given to this term in clause 8.
Estimated Delivery Time” means the estimated time for delivery notified to you on the Website when you submitted your Order which, in the case of delivery to an Australian address, will not normally exceed 21 days from the date we have received both your Content and your payment for your Order. For deliveries outside Australia, please allow an additional 7-14 days.
Gift Voucher” has the meaning given to this term in clause 7.
Gift Voucher Extensions” has the meaning given to this term in clause 7.7.
Goods” means any goods, items or products which are available for purchase via the Website including, but not limited to, blankets.
Intellectual Property” includes:

(a) patents, copyright, registered and unregistered design rights, registered and unregistered trademarks, trade secrets, secret or confidential operations and processes, rights in know-how and confidential information and all other intellectual and industrial property rights (without limitation) resulting from intellectual activity;

(b) all similar or analogous rights existing under the laws of any country; and

(c) all rights to apply for or register such rights.

Order” means an order submitted by you for Goods from the Website in accordance with clause 5.
Privacy Policy” means TTW’s privacy policy, a copy of which is available from the Website.
Related Body Corporate” shall have the same meaning as set out in Section 50 of the Corporations Act 2001 (Cth).

Website” means TTW’s website https://www.threadtheword.com.au.
Website Terms” means TTW’s terms and conditions for the use of the Website, a copy of which is available from the Website.

3. Content

3.1 You are solely responsible for all of the content which you provide to TTW when you submit an Order using the Website (Content) including, but not limited to:

(a) all photographic images;

(b) all text;

(c) all illustrations and drawings; and

(d) all designs.

3.2 Any Order submitted by you must not include Content which:

(a) is offensive, obscene, pornographic, indecent, defamatory, abusive, deceptive, threatening, advocates illegal activity, harms anyone, invades privacy, promotes racism, hatred or bigotry or is unlawful in any way;

(b) infringes upon the Intellectual Property of any other person;

(c) contains any viruses, worms, corrupt files, ‘Trojan Horses’ or other harmful components which may damage or alter TTW’s computer systems or data; or

(d) provides a link to any of the above.

3.3 You acknowledge and agree that by submitting your Order, you grant a licence to TTW in respect of any of your Content included in your Order. This licence is granted solely to enable TTW to fulfill your Order and enables TTW to publish, copy or customise your Content in accordance with your Order. However, if you believe that your Content has been copied or used in a way that is in breach of this licence or in a way which and infringes upon your Intellectual Property, please inform TTW immediately and TTW will investigate and take all appropriate actions to remedy the infringement.

3.4 TTW is not obligated to review any Content which it receives and does not accept any responsibility for doing so. You agree to alert TTW if your Order contains any Content which may be personal or sensitive including, but not limited to, nudity, and you may request that TTW make special arrangements in respect of your Order. However, TTW reserves the right to delete and refuse to produce any Content which TTW discovers and which TTW believes, in its sole discretion, is in breach of this clause 4 or is otherwise unacceptable.

3.5 TTW, in its sole discretion, may retain copies of your Content for the purpose of facilitating possible further requests by you for further Orders using Content previously provided by you. However, TTW does not guarantee that such copies will be retained for a specific period of time, or at all, in respect of every Order it receives. It is your responsibility to retain copies of all of your own Content for use in submitting further Orders.

4. Orders

4.1 Subject to clause 4.4, TTW provides a number of resources, accessible via the Website, which may assist you with the design of your Goods including, but not limited to, knowledge base articles and email and telephone support. However, you acknowledge and agree that due to the automated processes used by TTW in the manufacture of Goods:

(a) upon receipt of your payment, your Order will be treated as a final submission and the manufacture of your Goods will commence immediately;

(b) TTW is not responsible for what is included within your Content or errors in the compilation or design of your Goods which have made been by you, such as spelling mistakes; and

(c) TTW is not responsible for the quality of the Content selected by you including, but not limited to, poor image quality caused by low-resolution images submitted by you.

4.2 Subject to clause 5.4, by submitting an Order, you are confirming that TTW may immediately commence manufacturing the Goods and you warrant that:

(a) you have checked your Order;

(b) the quality of the images selected by you and the design of your Goods meets your requirements; and

(c) your Content complies with the terms of these Terms & Conditions, particularly clause 4.

4.3 Subject to clause 5.4, TTW will not accept any amendments to an Order once it has been submitted by you and your payment has been received. If TTW decides, pursuant to clause 4.4, not to fulfill your Order due to the nature of your Content, you will need to resubmit your Order without the offending Content.

4.4 Once you have submitted and paid for an Order and delivery is in progress, your Order cannot be cancelled. However, your Order may be cancelled if delivery of the Order has not commenced yet, provided that you have:

(a) contacted TTW via the contact details listed on the Website to request that your Order be cancelled and explain the reason for the cancellation; and

(b) paid TTW’s cancellation fee, as listed on the Website and subject to change from time to time, in respect of the expenses incurred by TTW in connection with granting your request to cease manufacture of your Goods.

You will also need to contact TTW to arrange the reactivation of any Gift Vouchers which were used when paying for your cancelled Order.

5. Payment

5.1 You acknowledge and agree that TTW will not commence manufacturing the Goods until TTW receives full payment for your Order, together with all applicable delivery charges, in accordance with the prices listed on the Website, which are subject to change from time to time.

5.2 All prices listed on the Website are in Australian dollars.

5.3 You agree to pay any other fees or charges which may be incurred in relation to the delivery of your Order which may include, but are not limited to, duty imports, value-added taxes or customs clearance charges.

5.4 Payment for Orders and all applicable delivery charges must be made by online credit card transaction and/or by redemption of Gift Vouchers in accordance with clause 7. All personal credit card information provided to TTW is encoded.

5.5 TTW will email you an electronic Order confirmation to your nominated email address once your Order has been captured in TTW’s system and your payment has been processed.

6. Gift Vouchers

6.1 TTW may, from time to time, sell vouchers in respect of particular Goods which may then be used in payment for Orders in respect of such Goods (Gift Vouchers).

6.2 Gift Vouchers may only be used to pay for:

(a) Orders for the particular Goods specified on the Gift Voucher; or

(b) Orders for Goods of a lesser value than the particular Goods specified on the Gift Voucher;
whichever is applicable.

6.3 Gift Vouchers may not be refunded or redeemed for cash under any circumstances. If you choose not to purchase the Goods specified on the Gift Voucher when submitting your Order, you are advised to select Goods which have a value that corresponds as closely as possible to the value of the Goods specified on your Gift Voucher.

6.4 Gift Vouchers will be delivered to you either via e-mail or post, at TTW’s absolute discretion. You are solely responsible for the security of Gift Vouchers delivered to you. TTW has no obligation to replace your Gift Voucher if it is lost or stolen.

6.5 In order to apply a Gift Voucher towards payment for an Order via the Website, you must ensure that you enter the unique code which appears on the Gift Voucher at the time of submitting and paying for your Order via the Website. Gift Vouchers cannot be applied towards payment for an Order after the Order has already been submitted by you.

6.6 Gift Vouchers may not be used after the expiry date or time stated on the Gift Voucher.

6.7 In purchasing or using your Gift Voucher, you acknowledge that all Gift Vouchers are subject to the following further conditions:

(a) Gift Vouchers are issued in respect of specific Goods and only one Gift Voucher may be applied towards the payment for an Order in respect of the Goods specified on the Gift Voucher;

(b) Gift Vouchers may not be used in conjunction with Discount Codes and may not be purchased with the use of Discount Codes;

(c) Gift Vouchers may be applied towards the cost of delivering an Order to you, provided such delivery is to an Australian address using standard Australia Post delivery. Gift Vouchers may not be applied towards the cost of delivery to an international address or other forms of delivery;

(d) if your Order includes additional charges which are not included within the value of your Gift Voucher including, but not limited to, accessories, upgrade charges, express production charges or delivery charges, these charges will be charged to you at the current prices listed on the Website; and

(e) TTW reserves the right to refuse to honour a Gift Voucher if TTW reasonably believes that the Gift Voucher has been obtained fraudulently. In this situation, TTW will require an alternative method of payment to be used.

7. Discount Codes

7.1 TTW may, from time to time, conduct various forms of marketing or promotion whereby TTW will offer or provide discount codes that offer a specific discount which may be used when paying for an Order (Discount Codes). Discount Codes may be delivered to you or advertised publicly including, but not limited to, on the Website.

7.2 Discount Codes may be used when paying for any Order unless the Discount Code specifically states that it may only be used in respect of Orders for specific Goods in which case the Discount Codes may not be used to pay for any other Goods.

7.3 Discount Codes may, if applicable, be delivered to you either via e-mail or post, at TTW’s absolute discretion. You are solely responsible for the security of Discount Codes delivered to you. TTW has no obligation to re-issue or re-publish any Discount Code which TTW has previously issued or published.

7.4 Discount Codes may not be used after the expiry date or time stated on the Discount Code or advertised with the marketing or promotion in which the Discount Code was made available.

7.5 In order to apply a Discount Code towards payment for an Order via the Website, you must ensure that you enter the Discount Code at the time of submitting and paying for your Order. Discount Codes cannot be applied towards payment for an Order after the Order has already been submitted by you. You are advised to confirm that the Discount Code entered by you has been applied correctly in reduction of the price for your Order before making payment.

7.6 In using your Discount Code, you acknowledge that all Discount Codes are subject to the following further conditions:

(a) Discount Codes vary from time to time and therefore the discounts offered will also vary;

(b) only one Discount Code may be applied towards payment for any Order;

(c) Discount Codes may not be used in conjunction with Gift Vouchers; and

(d) Discount Codes may not be applied in respect of additional charges including, but not limited to, accessories, upgrade charges, express production charges or delivery charges.

8. Disclaimer

8.1 The quality of the Goods manufactured for you by TTW may not be equivalent to what you see on your computer monitor when using the designer. This may be caused by your computer monitor reproducing colours differently due to the brightness and contrast settings. When editing your Content prior to submitting your order, you are advised to ensure that any changes made by you have not reduced the overall resolution of the original image and that the brightness and contrast settings on your monitor are at the lowest possible.

8.2 While TTW takes every precaution to ensure that the privacy and integrity of your Content is protected, it is possible that your Content could be unlawfully observed by a third party without the permission or knowledge of TTW. TTW, its partners and suppliers, therefore disclaim, to the extent permitted by law, any responsibility or liability in respect of your Content.

9. Delivery

9.1 TTW uses reputable and reliable delivery agents for all deliveries of Orders and reserves the right to change its nominated delivery agent at any time without prior notice to you.

9.2 All Orders are professionally handled and packed in dedicated packaging to avoid any damage during delivery. TTW is not liable for any loss or damage during delivery.

9.3 TTW will use its best endeavours to ensure that all Orders are delivered to the delivery address supplied by you within the Estimated Delivery Time. However, you acknowledge that delivery and manufacturing times may vary during peak and holiday seasons and may also vary depending on the size and quantity of the Goods included in your Order.

9.4 You acknowledge and agree that:

(a) the delivery charges listed on the Website are in addition to the cost of the Order and you must agree to pay these delivery charges together with any other additional charges which may be incurred in relation to the delivery of your Order including, but not limited to, duty imports, value-added taxes or customs clearance charges;

(b) the Estimated Delivery Time is an estimate only and is not an essential term of these Terms & Conditions;

(c) any delay in the delivery of an Order does not entitle you to cancel the Order or to a refund of your payment for the Order;

(d) PBS is not liable for any delay in delivery, including delay caused by harmful components in the Content provided by you, delayed payment by you, an incorrect address supplied by you or any other delays resulting from an event of Force Majeure; and

(e) an ‘Authority To Leave’ sticker may be placed on the parcel allowing the parcel to be left at your provided address without a signature.

10. Returns

10.1 You agree and acknowledge that:

(a) all Goods manufactured by TTW are hand-made using TTW’s quality materials and craftsmanship. Goods cannot be duplicated exactly and therefore there may be minor differences across different products of the same Goods including, but not limited to, slight variations in colour fidelity or size; and

(b) in the event of shortages of manufacturing materials, TTW reserves the right to substitute the materials used in the manufacture of your Goods, using the best alternative materials available, without prior notice to you;
and you acknowledge and agree that neither of the above issues entitles you to a refund of your payment for an Order.

10.2 Refunds of Orders, reprints of Orders or cancellation of Orders are generally not provided by TTW except in the case of manufacturing defects or the Goods delivered to you not matching your Order.

10.3 Notwithstanding clause 10.2, TTW prides itself on the quality of the Goods which it produces and conducts quality assurance checks on all Goods. In the event that you discover a manufacturing error, including but not limited to, the physical condition of Goods, you should inform us immediately in accordance with the following process:

(a) as soon as possible, but not more than 7 days, after the Order is delivered to you, you must contact TTW at the e-mail address listed on the Website and provide a description and photographic evidence of the manufacturing error or cause of dissatisfaction. You must also provide photographic evidence of the condition of the packaging to enable TTW to determine if the Goods were damaged during delivery to you;

(b) TTW will review the description and photographic evidence provided by you and will determine, in its absolute discretion, whether to replace the Goods, repair the Goods or provide you with an explanation as to why TTW has declined to repair or replace the Goods. TTW will inform you of its decision within 7 days of receiving your e-mail;

(c) if TTW advises you that it will repair or replace the Goods, you must, at your risk and cost, return the defective Goods to TTW within 14 days of being advised of TTW’s decision; and

(d) TTW will use its best endeavours to deliver your repaired or replacement Goods within 21 days of receiving the defective Goods from you.

10.4 You acknowledge and agree that:

(a) if you do not comply with any aspect of the returns process specified in clause 10.3, you will be deemed to have accepted delivery of the Order and you will not be entitled to have your Goods repaired or replaced and you will not be entitled to a refund;

(b) the return of defective Goods will only be accepted by TTW if the Goods are in the same packaging used to deliver the Goods to you and are in the same condition as when originally delivered to you;

(c) TTW’s acceptance of the return of defective Goods is not an acknowledgment of any fault by TTW or of any breach of these Terms & Conditions by TTW and is not an acceptance of or a granting of credit to you; and

(d) while TTW uses all reasonable endeavours to ensure that the packaging used by its delivery agents prevents damage being caused to your Goods during delivery to you, TTW is not liable for any damage caused during delivery and is entitled to refuse to replace or repair any such damaged Goods.

11. Force Majeure

11.1 TTW shall not be considered in default in the performance of its obligations, or be liable for any failure to deliver or for any delay in delivery of an Order to the extent that such failure or delay is caused by an event of Force Majeure.

11.2 In the event of a delay arising from an event of Force Majeure, the time of the performance of delivery of an Order shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

11.3 For the purposes of this clause, ‘Force Majeure’ means:

(a) war, hostilities, blockade, insurrection, invasion, act of foreign enemies;

(b) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance; and

(c) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, typhoon, tidal wave, pandemic or volcanic activity;
or any other cause whether similar or dissimilar to any of the causes or categories described above and which is beyond the reasonable control of TTW.

12. Indemnity

12.1 You agree to indemnify and hold harmless TTW and its Related Bodies Corporate (and the officers, agents, partners and employees of these) against:

(a) all and any demands, claims, actions and proceedings, whatsoever and howsoever arising, made by any third party in connection with or arising from the Content submitted by you or your use of the Website; and

(b) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by TTW in connection with or arising out of a breach of any provision of these Terms & Conditions by you.

12.2 The indemnity given by you in these Terms & Conditions:

(a) is a continuing obligation;

(b) is a separate and independent obligation from the other obligations set out in these Terms & Conditions; and

(c) survives the termination of these Terms & Conditions.

13. Limitation of Liability

13.1 You acknowledge and agree that in using the Website and submitting your Order, you have not relied in any way on any of TTW’s representations, descriptions, illustrations, specifications, skill or judgment which are not expressly stated in these Terms & Conditions or on the Website. You further acknowledge and agree that you have satisfied yourself as to the condition and suitability of the Website for your purposes.

13.2 Unless these Terms & Conditions expressly provides otherwise:

(a) all express and implied conditions, warranties or liabilities (including liability in respect of negligence) regarding the condition, accuracy, suitability or quality of the Website or the Goods are negated and excluded; and

(b) TTW gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of the Website or the Goods.

13.3 TTW’s liability for a breach of these Terms & Conditions, statutory causes of action, or common law or tort (including negligence) in any way arising from these Terms & Conditions will be limited to the extent that TTW will not be liable for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

13.4 Notwithstanding clause 13.3, nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Consumer Legislation. If TTW breaches any provision of these Terms & Conditions or a condition or warranty which has been implied by the Consumer Legislation and cannot be excluded, TTW’s liability will be limited, where possible, to:

(a) in the case of the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and

(b) in the case of the provision of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again;
whichever TTW prefers to provide.

13.5 The rights and remedies which you have pursuant to these Terms & Conditions are in addition to the rights and remedies under the Consumer Legislation.

13.6 Clauses 13.3 to 13.5 inclusive will survive the termination of these Terms & Conditions and will continue for the benefit of, and be enforceable by, TTW..

14. Waiver

No failure to exercise and no delay in exercising on the part of you or TTW of a right, power or privilege under these Terms & Conditions shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege.

15. Entire Agreement

These Terms & Conditions, including the terms of the Privacy Policy and the Website Terms, together with any Order issued in connection with these Terms & Conditions, constitute the entire agreement between you and TTW and all previous dealings, representations and arrangements are hereby expressly excluded. Subject to any further written agreement between you and TTW which may be contained in an Order or an application to be accepted as a customer of TTW which may contain terms which are in conflict with these Terms & Conditions, to the extent of any inconsistency, the terms of these Terms & Conditions take priority over the terms of any Order.

16. Severability

If any of part of these Terms & Conditions or any provision of any agreement in which the terms of these Terms & Conditions are expressly or impliedly incorporated, shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that part or provision shall to that extent be deemed not to form part of these Terms & Conditions or of such contract and the enforceability of the remainder of these Terms & Conditions and of the contract shall not be affected.

17. Governing Law

These Terms & Conditions are governed by the applicable law in the State of Victoria, Australia and you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

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