Terms of service

Terms of Service

Welcome to Threeality! These Terms of Service (“Terms”) govern your access to and use of the Treeality website, located at www.threeality.com.au (the “Site”), and all products and services offered by Threeality (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you don't agree to these Terms, you may not access or use the Services.

 

1. Definitions

  • “Store,” “we,” “us,” or “our” refers to Threeality.
  • “You” or “your” refers to the user or customer of the Services.
  • “Products” refers to the personalised 3D printed designs sold on the Site.
  • “Content” refers to any text, images, designs, or other information that you submit to us for the purpose of creating personalised Products.

2. Eligibility

By using our Services, you represent that you're at least 18 years old or have reached the age of majority in your state or territory, and you're legally capable of entering into a binding contract.

3. Personalised 3D Printed Designs

a. Design Submission: When you order a personalised 3D printed design, you agree to provide us with accurate and complete information regarding your design specifications. You're solely responsible for the Content you submit.

b. Intellectual Property: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all intellectual property rights in the Content you submit. You agree not to submit any Content that infringes or violates the intellectual property rights or other proprietary rights of any third party.

 

c. Prohibited Content: You agree not to submit any Content that is: * Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. * Infringing upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party. * Designed to harm minors in any way. * Used to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

d. Our Discretion: We reserve the right to refuse to print any design for any reason, including but not limited to, designs that violate these Terms or are otherwise deemed inappropriate by us in our sole discretion. If we refuse your design, we'll notify you and provide a refund for the unfulfilled order.

e. Accuracy and Variations: While we strive for accuracy in printing your designs, please be aware that 3D printing involves inherent variations. Minor differences in colour, texture, and dimensions may occur compared to digital representations or previous prints. These variations are generally considered acceptable within industry standards.

4. Orders and Payments

a. Order Acceptance: All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to, product availability, errors in the description or price of the product, or errors in your order.

 

b. Pricing: All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable. Prices are subject to change without notice.

 

c. Payment: We accept payment via Shopify Payments, Visa, MasterCard, PayPal. By submitting an order, you authorise us to charge your selected payment method for the total amount of your order, including any applicable fees.

5. Intellectual Property

a. Our Content: All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Threeality or its content suppliers and is protected by Australian and international copyright laws.

 

b. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal and non-commercial use only.

 

6. Disclaimer of Warranties

The Services and all products are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

 

7. Limitation of Liability

To the fullest extent permitted by law, in no event shall Threeality, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

8. Indemnification

You agree to defend, indemnify, and hold harmless Threeality and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) your breach of these Terms; or c) Content posted by you on the Service.

 

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

 

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we'll provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you don't agree to the new terms, please stop using the Services.

 

11. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Entire Agreement

These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.