Website Terms and Conditions of Use
1. About the Website
- 1.1. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- 1.2. The Website is operated by PUJ Venture PTY Ltd (ACN 625390061). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Flash Uniforms. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
- 1.3. PUJ Venture PTY Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PUJ Venture PTY Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PUJ Venture PTY Ltd in the user interface.
3. Registration to use the Purchase Services
- 3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (a) an email address
- (b) preferred username
- (c) a mailing address
- (d) a telephone number
- (e) a password.
- 3.2. You warrant that any information you give to PUJ Venture PTY Ltd in the course of completing the registration process will always be accurate, correct and up to date.
- 3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
- 3.4. You may not use the Purchase Services and may not accept the Terms if:
- (a) you are not of legal age to form a binding contract with PUJ Venture PTY Ltd; or
- (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
- 4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
- (a) the Terms;
- (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PUJ Venture PTY Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- (e) access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of PUJ Venture PTY Ltd providing the Purchase Services;
- (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by PUJ Venture PTY Ltd for any illegal or unauthorised use of the Website; and
- (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
- 5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’)
- 5.2. Payment of the Purchase Price may be made through one of the following third-party providers:
- (a) Paypal
- (b) After Pay
(the ‘Payment Gateway Providers’)
- 5.3. Following payment of the Purchase Price being confirmed by PUJ Venture PTY Ltd, you will be issued with a receipt to confirm that the payment has been received and PUJ Venture PTY Ltd may record your purchase details for future use.
- 5.4. PUJ Venture PTY Ltd may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. Embroidery or printed orders are not eligible for a refund once they have been proofed and complete. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- 5.5. Price match is offered on a similar product and service and this includes the shopping cart total including delivery and GST. We cannot price match on second hand, used or damaged items on competitor websites. We aim to try and match the prices but have a right to refuse to do so without any prior notice. All price match requests are examined on an individual basis and we cannot guarantee that all requests will be approved.
- 6.1. PUJ Venture PTY Ltd Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
- 6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 14 from the date of purchase (the ‘Warranty Period’).
- 6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to PUJ Venture PTY Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice.
- 6.4. Where the Warranty Claim is accepted then PUJ Venture PTY Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- 6.5. The Warranty shall be the sole and exclusive warranty granted by PUJ Venture PTY Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- 6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- 6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- 7.1. You acknowledge that the Purchase Services offered by PUJ Venture PTY Ltd integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
- 7.2. In providing the Purchase Services, PUJ Venture PTY Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that PUJ Venture PTY Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- 7.3. In the event that an item is lost or damaged in the course of the Delivery Services, PUJ Venture PTY Ltd asks that you:
- (a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- (b) contact us by sending an email outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
- 8.1. The Website, the Purchase Services and all of the related products of PUJ Venture PTY Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by PUJ Venture PTY Ltd or its contributors.
- 8.2. PUJ Venture PTY Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of PUJ Venture PTY Ltd; or
- (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- 8.3. You may not, without the prior written permission of PUJ Venture PTY Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- 8.4. Digitized vector art and logo files remain the property of PUJ Ventures Pty (this does not include the rights to the logo or original files). If you do require to have a copy of your digitized logo files to be emailed to you there will be a charged incurred of $55.00 per file.
10. General Disclaimer
- 10.1. You acknowledge that PUJ Venture PTY Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- 10.2. PUJ Venture PTY Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- 10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- 10.4. Subject to this clause, and to the extent permitted by law:
- (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- (b) PUJ Venture PTY Ltd we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise..
- 10.5. Use of the Website, the Purchase Services, and any of the products of PUJ Venture PTY Ltd (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of PUJ Venture PTY Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PUJ Venture PTY Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of PUJ Venture PTY Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- (d) the Content or operation in respect to links which are provided for the User’s convenience;
- (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
- 11.1. PUJ Venture PTY Ltd total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of PUJ Venture PTY Ltd is the resupply of information or Purchase Services to you.
- 11.2. You expressly understand and agree that PUJ Venture PTY Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- 11.3. PUJ Venture PTY Ltd is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of PUJ Venture PTY Ltd, by third parties or by any of the Purchase Services offered by PUJ Venture PTY Ltd.
- 11.4. You acknowledge that PUJ Venture PTY Ltd does not provide the Delivery Services to you and you agree that PUJ Venture PTY Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- 11.5. It is assumed that all artwork provided to be printed or embroidered onto the garments is the property of the person uploading in and that you have authorization to utilize the artwork and vector files in the uploaded format. PUJ Ventures Pty Ltd will not be liable for copyright or any other legal infringement arising from violation of intellectual property arising from this artwork. All liability will be passed onto to the end user and it is your legal responsibility to ensure that you have the permission or authorization to use the art work for your purpose.
12. Termination of Contract
- 12.1. The Terms will continue to apply until terminated by either you or by PUJ Venture PTY Ltd as set out below.
- 12.2. If you want to terminate the Terms, you may do so by:
- (a) notifying PUJ Venture PTY Ltd at any time; and
- (b) closing your accounts for all of the Purchase Services which you use, where PUJ Venture PTY L