PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions explain how we will work with you, including orders, payment and delivery of our work.
In these terms and conditions, “we” “us” and “our” refers to Goodway Print Group Pty Ltd ATF Goodway Group Unit Trust trading as MarqMee. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree with these terms, please refrain from using this site.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1) Parties
These terms and conditions form a legally binding agreement between Goodway Print Group Pty Ltd as trustee for Goodway Group Unit Trust (ACN 663 644 246) trading as MarqMee (MarqMee; Us; We; Our) and the person specified in any order for Our services (Client; You).
2) Orders
Orders can be placed either through our website, or by emailing us at:
hello@marqmee.com.au
Please note that when you submit an order with Us, no agreement is formed until we process and accept your order and take payment. If you have submitted an incomplete order or there has been an error with the ordering process, we may contact you to discuss your options before we accept your order.
3) Payment
Our prices will either be listed on our Website or on a quote provided to you prior to You accepting it.
When you place an order, you agree to pay our listed prices. You may pay for your order using any method of payment available on our Website or stated in our order confirmation.
All custom orders are invoiced by US and accepted by US upon payment.
You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. No work will be started by us until payment clears in full.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective Websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or updating our quote or order confirmation prior to acceptance by you.
4) Design and Print
Customer Supplied Files
If you are providing your own artwork, it must be:
- in a print ready format;
- resolution of at least 300 DPI;
- PNG, JPEG or PDF file format;
Additional fees will be incurred if we need to re-design any element of your design.
Custom Design
Custom Design can be completed at your request when you select, I will need design assistance. For all design work you must be in touch with information within 14 business days, no refunds will be made for change of mind. All custom design concepts will be supplied to you in the form of proofs. Upon confirmation of proofs, all files will be held by MarqMee available for future reorders.
Once the Custom Design process has started, Marqmee will not refund based on change of mind.
Proof & Acceptance
WE WILL PROVIDE A FINAL LAYOUT FOR FINAL APPROVAL PRIOR TO PRINTING. IT IS YOUR RESPONSIBILITY TO MAKE SURE ALL DESIGN ELEMENTS AND COPY IS CORRECT, AND THERE ARE NO ERRORS. THERE CAN BE NO CHANGES ONCE FINAL PROOF IS ACCEPTED. WE DISCLAIM ANY LIABILITY FOR ERRORS ONCE THE FINAL LAYOUT HAS BEEN APPROVED BY YOU.
Proofing
Please make sure to check:
- Sizing and Orientation
- Material
- Spelling and Grammar
- Quantities
Any mistakes not picked up in the final proof will NOT be grounds for a reprint by MarqMee.
5) Intellectual Property
You acknowledge and agree that we own or control all intellectual property rights in all text, graphics, designs, labels, logos, artworks and other works and materials which are developed or created by us (Our Materials). The intellectual property rights in Our Materials will be licensed to you under the terms of Our License (defined below) and are not transferred to you unless such transfer is specified in this agreement or specified by us in writing in connection with any order placed by you.
You grant to us a royalty-free, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use all text, graphics, photos, designs, trademarks, logos, artworks and other materials that you provide to us for the purpose of us providing the design and print services under this agreement (Your Materials). You warrant that you own the intellectual property rights in Your Materials, or that you have the written permission of the owner of the intellectual property rights in Your Materials to license Your Materials to us in the manner set out in this agreement. You warrant that Your Materials: (i) are not indecent, obscene, discriminatory or offensive; (ii) do not infringe on any third party rights (including intellectual property rights and rights of confidentiality and privacy); (iii) are not defamatory; (iv) are not misleading or deceptive; and (v) are not illegal or contrary to any laws, regulations or applicable industry codes.
Our License
We agree to grant you a royalty-free, perpetual, worldwide, revocable, non-exclusive licence to use Our Materials as an end user for personal or commercial use, subject to the following restrictions.
You may use Our Materials on commercial products that you sell and in connection with the promotion of your business or organisation. You must not sublicense, sell, resell, share, distribute or transfer Our Materials, or attempt to do any of those things, without our prior written consent. This includes instructing another designer or printer to re-create, crop, edit, vary or print Our Materials.
You must not use Our Materials: (i) for any illegal purpose or in any manner which is contrary to any laws, regulations or applicable industry codes; (ii) in any manner which is indecent, obscene, discriminatory or offensive; (iii) in any manner which infringes on any third party rights (including intellectual property rights, rights of confidentiality and rights of privacy); (iv) in any manner which is defamatory; or (v) in any manner which is misleading or deceptive.
You warrant that you will not use Our Materials in any way that is not authorised by Our Licence. You understand that components of Our Materials may be owned by a third party and any unauthorised use of Our Materials by you may infringe the copyright of that third party.
You indemnify us and our related and associated bodies corporate, and all of our and their employees, officers, agents, successors and assigns (each an Indemnified Party) against any and all losses, liabilities, expenses, damages and costs (including legal costs on a full indemnity basis) sustained or incurred by any Indemnified Party arising out of or in connection with: (i) any breach of any warranty by you which relates to Your Materials or Our Materials; (ii) any third party claim which relates to our use of Your Materials; (iii) any claim which relates to your use of Our Materials in any manner which is not permitted by Our Licence.
Our Licence is granted on our receipt of payment in full of the price specified in an order. If you breach the terms of Our Licence we may immediately revoke Our Licence and we may pursue you for an appropriate remedy, which may include a claim for damages or an account of profits.
You understand and agree that we may reproduce or publish Our Materials to promote our business, including by entering Our Materials into design competitions.
6) Postage & Delivery
Our postage prices are quoted for Australian residents only. Should you need international shipping please contact us for a quote.
Dispatch Timeframes
All timeframes listed on our website are an estimation. We will always do everything in our power to keep to them, however certain things outside of our control can extend these timeframes such as: a particularly large or difficult job, peak times, or periods where we have sales or promotions.
We do our best to get our products out to you as soon as possible. To provide a quality product this can sometimes take time.
On receipt of payment, we will discuss with you your requirements. We will always provide an estimate time frame as each job is different.
Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
Domestic Postage
We post our products with Australia Post or such other delivery service provider as we deem appropriate.
In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third-party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Rates
You agree to pay to us postage fees as calculated at checkout.
Our delivery service providers (including Australia Post and couriers) may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
Risk
Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
Once we have received confirmation of delivery from our delivery service provider, we will not be responsible for any refund or replacement in respect of that order (unless the goods fail to meet another consumer guarantee, as set out below).
7) Refunds & Returns
At MarqMee, we are committed to delivering products that meet the specifications outlined on our website and align with our customers’ expectations. In the rare instance that an issue arises with your order or there are any quality concerns with the print, please contact us immediately by email. Include a detailed description of the issue along with clear photographs. We will work promptly to resolve the matter in a fair and mutually satisfactory manner.
Important Information:
1. Custom Printing Approval:
All MarqMee Magnetic Signage and Print Products are custom printed using artwork approved by the customer before production. For this reason, it is critical to carefully review and approve your product selection and artwork before submission.
2. Colour Variations:
Please note that the colours displayed in the artwork proof on your screen may differ from the final printed product. This is due to variations in screen displays, printing processes, and materials. If achieving an exact colour match is essential, you must provide Pantone (PMS) colour specifications before approving the artwork proof. We will make every effort to achieve the closest possible match.
3. Change of Mind or Work in Progress:
Refunds cannot be issued if you change your mind after placing an order or if production has already commenced.
Thank you for choosing MarqMee. We value your business and strive to ensure your complete satisfaction with our products.
8) Limitation of Liability
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
refund of the purchase price;
replacement of the product or re-supply of the services;
repair of the product;
payment of the cost of having the product repaired;
payment of the cost of having the services supplied again; or
such other fair and reasonable remedy as we are ready and willing to provide.
You also understand and agree that we will not be liable for any loss or damage you suffer due to any errors in any works we produce (such as spelling or colour errors) where such error was included in a proof and approved by you or on your behalf.
To the extent permissible by law, we won’t, under any circumstances, be liable for negligence or any consequential loss or damage or other direct or indirect loss or damage whether or not that loss was in your or our contemplation at the time you placed an order with us, including any loss of profit, loss of revenue, loss of data, loss of opportunity, loss of contract or loss of goodwill.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you are purchasing from outside Australia), then we exclude all liability to you.
9) Termination
We may terminate this agreement at any time by giving written notice to you. On giving such notice, you must pay all fees and expenses incurred by us up to the time of termination, and we’ll refund any amounts paid by you in respect of goods or services not yet provided by us.
If this agreement is terminated, all rights and obligations accrued up to the date of termination are not affected. This clause, as well as any other clause which by its nature is intended to survive termination, will survive termination.
10) General
Advice and Information – We may give you general recommendations, information or assistance during or in relation to our services. This information is general in nature and is not intended to be or substitute for you obtaining your own professional advice. You should seek professional advice specific to your circumstances where required. We give information to you in good faith, believing it’s appropriate at the time but we don’t give any warranty in relation to that information and we don’t accept any liability or responsibility for any loss suffered because of your or any other person’s reliance on such information.
Dispute Resolution – If a dispute arises out of these conditions, we ask that you contact us in the first instance and we’ll do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within 30 days, we’ll go to mediation in Geelong Victoria and split the costs of that equally. Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
Events Beyond Control – As in life, sometimes circumstances beyond our control occur. Examples include strikes, floods, fires and extreme weather events, computer or printer malfunctions, failure of service providers to perform services or injury or illness of key personnel. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Privacy – We take your privacy seriously and any information provided in establishing this agreement is subject to our Privacy Policy, which is available on our Website.
Variation – We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on publication. Your continued use of the Website indicates your acceptance of any revised terms.
Severance – If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the conditions will remain in force.
Jurisdiction – As we’re based in Victoria, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria.