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Welcome to 3DBRINK

3D Brink Terms of use

Last modified: 1 September 2016

 

  1. Welcome to 3D Brink!

These terms of use apply to the use of our 3D Brink (ACN 164 323 960) (“3DB”) website and app, including the purchase of 3DB products and services.

 

By using 3DB products, services and our website you are agreeing to these terms of use. Please read them carefully.

 

If you do not accept these terms of use, you must refrain from using the 3DB website or app. These terms of use must be read in conjunction with any other applicable terms of use or policies governing the use of the 3DB website and app.

 

These terms of use are subject to Australian Consumer Law.

 

  1. Terminology

In these terms of use, the expressions "we", "us" and "our" are a reference to 3DB.

 

Use of the expression “3DB services” includes 3DB services delivered via the 3DB website and app.

 

  1. Amendments

We may change these terms of use. Amendments will be effective immediately upon notification on the 3DB website and app. Your continued use of either the 3DB website or app following such notification will represent an agreement by you to be bound by the terms of use as amended.

 

  1. Online Contracting

Your use of the 3DB services includes the ability to enter into agreements and/or to make transactions online. You acknowledge that your online submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by online submissions applies to all records relating to transactions you enter into on our website and app, including policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

  1. Your Account

As a user of 3DB products and services, you may establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur through your Account. 3DB will not be responsible for any losses arising from the unauthorised use of your Account.

 

You agree to provide accurate and complete information when you register with, and as you use 3DB products and services, and you agree to update your registration data to keep it accurate and complete. You agree that 3DB may store and use the 3DB registration data you provide for use in maintaining and billing fees to your Account.

 

  1. 3DB online purchase procedure

 

6.1         Purchase request information

When you purchase 3DB products or services, you must supply your name, email address, bank card number, expiration month and year, CVC and any other purchase information as specified on our website or app.

 

6.2         Purchase request approval and rejection

After receipt of your purchase request, we will at our discretion accept or reject your offer to purchase. We may reject your purchase request for a number of reasons including but not limited to insufficient funds in your bank account.

 

6.3         Delivery of 3DB products and services to you  

Important points about your purchase request:

 

(a)   We are not required to give reasons for rejecting your offer to purchase 3DB products or services.

 

(b)   If we reject your offer to purchase our products or services for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

 

(c)   Delivery of 3DB products or services to you will be effected in the manner described on the 3DB website or app.

 

(d)   You will not be able to use 3DB products or services until payment has been received.

 

(e)   Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax.

 

(f)     3DB products and services are offered for sale only to persons who can make legally binding contracts.

 

  1. Product returns

      3D Printers have a 12 month return to base warranty. The Customer must contact us first before returning products to confirm if repair or replacement is appropriate in the circumstances. The decision to repair or replace Equipment will be at 3DB’s sole discretion.

 

  1. Cancellation due to error

You acknowledge that despite our reasonable precautions, 3DB products or services may be listed at an incorrect price or with incorrect information due to a typographical error or other oversight. In these circumstances, we reserve the right to cancel the transaction, even though your purchase has been confirmed and your bank card has been charged. If a cancellation of this nature occurs after your bank card has been charged for the purchase, we will immediately issue a credit to your bank account for the amount in question.

 

  1. Disclaimer of warranties: liability limitation

You may have rights under statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth). The following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.

 

8.1         Service interruptions

3DB does not guarantee, represent, or warrant that your use of the 3DB website or app will be uninterrupted or error free.

 

In addition to any other provision of this Agreement, 3DB or its agents reserve the right to change, suspend, remove or disable access to any 3DB products, services, content or other materials comprising part of the 3DB products and services at any time without notice to protect its legitimate interests. In no event will 3DB be liable for making these changes. 3DB may also impose limits on the use of or access to certain features or portions of 3DB products and services or cancel a 3DB product or service altogether, in any case and without notice or liability to protect its legitimate interests. Our disclaimer will survive termination.

 

8.2         3DB products and services available “as is”

You expressly agree that your use of, or inability to use, the 3DB products or services is at your sole risk. 3DB products and services are delivered to you “as is” and “as available” for your use, without warranties of any kind and this includes express or implied warranties and all implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

 

Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title. This clause is subject to Australian Consumer law.

 

8.3         Exclusion of liability

In no case will 3DB, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any 3DB products or services or for any other claim related in any way to your use of 3DB products or services.

 

8.4         Your information

3DB will use reasonable efforts to protect information submitted by you in connection with 3DB products and services, but you agree that your submission of such information is at your sole risk, and 3DB disclaims any and all liability to you for any loss or liability relating to such information in any way.

 

8.5         Viruses and security breaches

3DB does not represent or guarantee that your use of the 3DB website or app will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and 3DB disclaims any liability for these occurrences.

 

You must take your own precautions to ensure that the process which you employ for accessing the 3DB website and/or app does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

 

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

 

For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the 3DB website or app.

 

8.6         Liability limitation

Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon 3DB that cannot be excluded, restricted or modified. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which 3DB is entitled to do so, 3DB limits its liability in respect of any claim under those provisions to:

 

In the case of goods, at 3DB’s option:

 

(a)      the replacement of the goods; or

(b)         the supply of equivalent goods; or

(c)          the repair of the goods; or

(d)         the payment for the cost of replacing the goods or of acquiring equivalent goods; or

(e)         the payment for the cost of having the goods repaired.

 

In the case of services, at 3DB’s option:

 

(a)      supplying the services again; or

(b)     the payment of the cost of having the services supplied again.

 

 

  1. Waiver and indemnity

By using 3DB products and services, you agree, to the extent permitted by law, to indemnify and hold 3DB, its’ directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of 3DB products and services, or to the extent permitted by law any action taken by 3DB as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.

 

You agree that, to the extent permitted by law you cannot sue or recover any damages from 3DB, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of 3DB’s decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to 3DB products or services or to take any other action during the investigation of a suspected violation or as a result of 3DB’s reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

 

  1. Specific warnings

10.1       Illegal access

You must ensure that your access to the 3DB website and app is not illegal or prohibited by laws that apply to you.

 

10.2       Australian law

Details contained on the 3DB website and app relating to 3DB services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the 3DB website or app concerning 3DB services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any services from the 3DB website and/or app.

 

10.3       Exclusion of CISG

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (the Vienna Convention) to these terms of use (by virtue of any law relevant to these terms of use) is excluded.

 

10.4       Accuracy of information and service offering

We do not give you any assurances that any information contained on the 3DB website or app will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

 

We do not accept responsibility for any loss suffered as a result of reliance by you upon the 3DB products or services or the accuracy or currency of information contained on the 3DB website or app.

 

10.5       Advertisements

Responsibility for the content of any advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' services and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

  1. Intellectual property

You agree that the 3DB products and services, website and app contain proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of 3DB products and services in compliance with this Agreement. No portion of 3DB products or services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on 3DB products and services in any manner, and you will not exploit 3DB products and services in any unauthorised way whatsoever, including, but not limited to, by trespass. 

 

  1. Copyright

Copyright in the 3DB website and app (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.

 

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar Australian legislation, and except as expressly authorised by these terms of use, you may not in any form or by any means:

 

(a)   adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of 3DB’s website or app; or

(b)   commercialise any information, services or services obtained from any part of 3DB’s website or app, without our written permission.

 

  1. Trademark

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

 

If you use any of our trademarks in reference to our activities, services or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

 

(a)      in or as the whole or part of your own trademarks;

 

(b)      in connection with activities, products or services which are not ours;

 

(c)      in a manner which may be confusing, misleading or deceptive;

 

(d)      in a manner that disparages us or our information, products or services (including the 3DB website and app).

 

  1. Termination for breach of terms of sale

If you fail, or 3DB suspects that you have failed, to comply with any of the provisions of these terms of use, 3DB, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may:

 

(a)      terminate this Agreement and/or your Account; and/or

 

(b)      Stop your access to 3DB products and services (or any part thereof).

 

  1. licence of 3DB software

15.1       Binding agreement

You acknowledge that the licence to each 3DB software that you obtain, is a binding agreement between you and 3DB. Your licence to 3DB software is subject to your prior acceptance of this licensed Application End User Licence Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each 3DB software product that you licence through 3DB unless that 3DB software is covered by a valid end user licence agreement between you and another 3DB provider, in which case the terms of that separate end user licence agreement will govern.

 

Your licence to any 3DB service under this Standard EULA or separate end user licence agreement is granted by 3DB, and your licence to any Third-Party service under this Standard EULA or separate end user licence agreement is granted by the Application provider of that Third Party service.

 

Any 3DB service that is subject to the licence granted under this Standard EULA is referred to as the “Licensed Application”. The Application Provider or 3DB as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

 

15.2       Scope of licence

This licence granted to you for the Licensed Application by the Licensor is limited to a non transferrable licence to use the Licensed Application on any device that you own or control. This licence does not allow you to use the Licensed Application on any device that you do not own or control. You may not distribute or make the licensed Application available over a network where it could be used by multiple devices at the same time.

 

You may not rent, lease, lend, sell, transfer, re-distribute or sublicense the licensed Application and, if you sell your device to a third party, you must remove access to the Licensed Application from the device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its Licensors. If you breach this restriction, you may be subject to prosecution and damages.

 

15.3     Upgrades

The terms of this licence will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.

 

15.4     Consent to use of data

You agree that 3DB may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, service support, and other services to you (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve its services or to provide services or technologies to you.

 

You acknowledge that upon acceptance of the terms of use of the licence, 3DB will have the right to enforce such licence against you.

 

 

  1. Links

16.1       The 3DB website and app

The 3DB website and app may contain links to other websites or apps ("linked websites and apps"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

 

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, services or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

 16.2      To this website

Except on the terms of any access agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the 3DB website or app ("materials").

 

Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:

 

(a)   ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;

 

(b)   ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;

 

(c)   ensuring that anyone that accesses our materials through a link on your website or app does not circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from our website or app rather than via your links; and

 

(d)   being otherwise subject to our directions, including any take down, cease or desist directions.

 

 

  1. Privacy

We undertake to comply with the terms of our privacy policy. 3DB’s products and services are subject to the 3DB Privacy Policy below.

 

17.1       How we handle emails

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble shooting or maintenance purposes or if any form of email abuse is suspected.

 

17.2       Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.

 

 

  1. Governing law

These terms of use are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts  in that state.

 

  1. General

We accept no liability for any failure to comply with these terms of use where such failure is due to circumstance beyond our reasonable control.

 

If we waive any rights available to us under these terms of use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

 

If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use shall nevertheless continue in full force.

 

  1. Acceptance of terms of use

By returning to our website or app after reading these terms of use, you acknowledge that you have read, understood and accept the above terms of use.