MrBadges.com - Terms of Use

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.MRBADGES.COM reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Use of Site

You are granted permission to access and use this Site and its content for the sole purpose of preparing, evaluating, and ordering products or services solely through MRBADGES.COM(referred to herein as “products”). No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from MRBADGES.COM does not entitle you to use any portion of content apart from the finished printed products as they are supplied to you by MRBADGES.COM. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable. MRBADGES.COM may terminate its service to customers found to be using MRBADGES.COM to engage in undesirable activities. You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize MRBADGES.COM to produce products on your behalf. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information. This Site and all content are the copyrighted property of MRBADGES.COM, and/or related persons or entities (referred to herein as "MRBADGES.COM") or the copyrighted property of parties from whom MRBADGES.COM has licensed such property. All rights in this Site and its content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the content except as expressly allowed in these Terms of Use. MRBADGES.COM reserves the right to add to, delete from, or modify any part of content at any time without prior notice. The design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. MRBADGES.COM reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other MRBADGES.COM customers may use the design tools to create designs that have similar or identical combinations of these elements and MRBADGES.COM does not guarantee that your design will not have similarities to designs designed and used by other parties. MRBADGES.COM provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

Indemnification

You agree that you will indemnify and defend MRBADGES.COM and all parties from whom MRBADGES.COM has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products.

Disclaimer of Warranty

The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied.

Limitation of Liability

In no event will MRBADGES.COM or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not MRBADGES.COM has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from MRBADGES.COM or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event will MRBADGES.COM be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content.

Site Feedback

Any comments, suggestions, proposals or other feedback provided to MRBADGES.COM in connection with the operation or content of this Site will be provided by the submitter and received by MRBADGES.COM on a non-confidential basis. All such comments, suggestions, and other information will become the exclusive property of MRBADGES.COM. By submitting any such information to MRBADGES.COM, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that MRBADGES.COM will be free to use such information on an unrestricted basis.

Governing Law

MRBADGES.COM is based in NSW, Australia, and all transactions take place on MRBADGES.COM’ servers located in Australia. Issues related to the protection, infringement, or misuse of copyrighted materials will be governed by the copyright laws of Australia. All other matters relating to your access to or use of this Site will be governed by the laws of Australia. Any legal action or proceeding relating to or arising from your access to or use of this Site will be instituted in NSW, Australia. You agree to submit to the jurisdiction of Australia courts and agree that venue in these courts is proper in any such legal action or proceeding. 

 

Sale Terms

       
  1. To order items through this website, you need to enter details of the items to be purchased and confirm your order in accordance with the website directions.    
  2. When you have confirmed your order, you must pay the required deposit.  We cannot process your order until the deposit is received or you have applied for credit terms and we have approved those terms.    
  3. When you have submitted an order and paid the deposit we will immediately process your order.  When your items are ready for delivery, [you will be advised by email and] you will be required to pay the balance of the purchase price including delivery charges.    
  4. When the balance of the purchase price and delivery charges have been received, we will arrange delivery of your order.    
  5. Our usual delivery times are as follows:
                                                                                                                                                                                                       
    Delivery within the Sydney Metropolitan area 1 business days
    Delivery within New South Wales 1 business days
    Delivery within other States or Territories of Australia  2 business days
              
  6. We will arrange for your order to be delivered by Australia Post or courier to the delivery address specified by you at the time of making your order.  We will not be responsible for any loss or damage to products occurring after delivery.    
  7. We will not be responsible for delays or non delivery caused by matters outside our control.     
  8. We will replace at no additional charge to you any product which we supply to you and which has a significant manufacturing defect, or otherwise does not match your order specifications in a significant way.  To take advantage of this guarantee, you must send full written details of the problem to us within 7 days after delivery.    
  9. Because our products are custom designed, orders cannot be cancelled for any reason after they have been made.    
  10. We reserve the right to reject any order.  If we do reject an order, we will notify you and promptly refund any deposit paid by you by crediting your relevant credit card or transferring funds to your nominated bank account.    
  11. While we will gladly refund deposits, and replace orders at no additional cost to you, in the circumstances outlined in these conditions, any other liability that we may have to you is excluded to the extent allowed by law.  We will not in any circumstances be liable to you for damages or other losses that you may claim arising out of alleged defects or other failures on our part.    
  12. After delivery refunds are available in the instance of major faults/defects as per Australian Consumer Law.
  13. You warrant that you are entitled to use any designs, logos, copyright, trademarks or other intellectual property relating to your order and that production of any items incorporating such designs, logos, copyright, trademarks or other intellectual property will not infringe any other person’s intellectual property rights.  You agree to indemnify us fully in relation to any claims made by third parties in relation to any such designs, logos, copyright, trademarks or other intellectual property, and any costs or liabilities incurred by us in relation to any such claims.  If you are in any doubt as to your entitlement to use designs, logos, copyright, trademarks or other intellectual property, you should satisfy yourself in relation to these matters before placing your order.    
  14. All transactions are in Australian dollars.  Your credit card will be charged in Australian dollars.  If you are using an overseas credit card, the exact exchange rate used is determined by your credit card company when they process the transaction.    
  15. Your order is governed by the laws of New South Wales and Australia.