UDFYN Australia Pty Limited - General Terms and Conditions
Please carefully review our UDFYN General Terms and Conditions. These terms govern your use of and access to https://www.udfyn.com.au and its mobile sites (collectively, the “Site”), as well as the purchase and provision of products and services by UDFYN Australia Pty Limited and/or its affiliates and/or fulfillment providers, as applicable (“UDFYN,” “we,” “us,” or “our”). Additionally, we recommend reviewing our Privacy and Cookie Policy.
Our Product-Specific Terms
Please review our additional product-specific terms that apply to the products and services listed below (“Product-Specific Terms”). If there is any discrepancy between the General Terms and Conditions and these Product-Specific Terms, the Product-Specific Terms will prevail.
Magnetic Car Signs are subject to our Magnetic Car Sign Terms and Conditions.
Websites (including site builder, domain name registration, and hosting) are subject to our Websites Terms and Conditions.
Fixed Price Design Projects are subject to our Fixed Price Design Project Terms and Conditions.
Applicability
1.1. By accessing or using this Site, including its related software tools and applications, or any other service provided by UDFYN, you agree to abide by our Privacy and Cookie Policy, the Product-Specific Terms, and the following General Terms and Conditions (“UDFYN Terms”), as well as any additional guidelines, restrictions, or rules posted in connection with specific sections or services of this Site. All such additional guidelines, restrictions, or rules are hereby incorporated into these UDFYN Terms by reference.
1.2. Every offer of a UDFYN product and/or service on our Site, as well as every transaction, order, and agreement conducted through our Site, is subject to our UDFYN Terms.
1.3. Any terms and conditions provided by the customer or any third party on behalf of the customer are explicitly dismissed and shall not apply, even if UDFYN has not expressly rejected them.
1.4. UDFYN reserves the right to modify this Site and these UDFYN Terms at any time without prior notice. We recommend reviewing these UDFYN Terms each time you access the Site.
Your Account
Before you can place an order online or utilize certain services or features offered on this Site, you will need a UDFYN account. We offer single sign-on functionality, enabling you to use your login credentials across our primary services, including UDFYN Create and 99design by UDFYN. Please refer to the "Your Account" section in our UDFYN General Terms and Conditions.
Terms of Sale
All our offers and promotions are non-binding and subject to availability and order confirmation. An agreement between you and UDFYN is contingent upon our acceptance of the order, which is confirmed when you receive the Order Confirmation via email.
Copyrighted Materials for Limited Use
4.1. This Site contains various forms of content, including graphics, photographs, images, layouts, text, fonts, music, software tools, and other materials (referred to herein as “Content”). All Content on this Site is either the copyrighted property of UDFYN or is licensed by parties to UDFYN. All rights in this Site and its Content are reserved globally.
4.2. It is strictly prohibited to retain, copy, distribute, publish, or utilize any portion of the Content except as expressly permitted in these UDFYN Terms.
4.3. UDFYN reserves the right to add, remove, or modify any part of the Content at any time without prior notice. Any modifications to the Content, whether initiated by you or UDFYN, remain the property of UDFYN and its licensors.
4.4. The logo design tools available on this Site utilize a limited set of elements, including icons, fonts, color schemes, and design effects. UDFYN reserves the right to use these elements and make them available for use by other parties in the future. You do not acquire any rights to individual logo design elements through the creation of a logo or its incorporation into products. Other UDFYN customers may create logos with similar elements, and UDFYN does not guarantee that your logo will not resemble logos created and used by others. UDFYN provides no warranty that logo designs created using the design tools will not infringe upon the trademark or other rights of another party. It is your responsibility to seek legal advice regarding the legality of your logo design and its potential infringement of another party's rights.
Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content solely for the purpose of preparing, evaluating, and ordering products or services exclusively through UDFYN (“Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized. Obtaining Products from UDFYN does not grant you the right to use any portion of the Content apart from the finished Products as provided by UDFYN.
5.2. You agree to use this Site responsibly and in full compliance with these UDFYN Terms and local laws and regulations, including export and import regulations.
5.3. Without limitation, no portion of the Content may be used as a trademark or service mark, for any unlawful purpose, to defame any person, to violate any person’s privacy or publicity rights, or to infringe upon any intellectual property rights of any person or entity.
5.4. You agree not to use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.
5.5. UDFYN reserves the right, at its sole discretion, to refuse acceptance of any content provided by you or to process any order at any time and for any reason. UDFYN may also terminate its service to customers found to be engaging in undesirable activities or violating these UDFYN Terms. You acknowledge that UDFYN shall have no liability to you or any third party arising from such refusal or termination.
5.6. You are solely responsible for the use of Content in combination with any other images, graphics, text, or materials you incorporate into your Products. You agree not to include any text, image, design, trademark, service mark, or copyrighted work of any third party in your Products unless you have obtained the necessary authorizations. You warrant that your Products do not infringe upon the rights of any third party, including copyright, trademark, right of publicity, or privacy, and will not libel or defame any third party. You affirm that you have all required rights or permissions to incorporate third-party material into your Products, including any material accessed via a third-party design service through the Site.
5.7. By placing an order on this Site, you warrant that you have the necessary permission, right, and authority to do so, and you authorize UDFYN to produce the Products on your behalf. You grant UDFYN the right to copy, modify, distribute, use, create derivative works of, and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Furthermore, you warrant that you have sufficient rights to permit UDFYN to copy, distribute, use, modify, create derivative works of, and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
5.8. You agree to safeguard your password and control access to your registered account. You are responsible for all orders placed or actions taken through your registered account.
Transfer of Title
6.1. You agree that the risk of loss and title for any printed Product passes to you upon delivery to our carrier.
6.2. For any Product provided to you in electronic format, delivery shall be deemed to occur either at the time UDFYN transmits the Product via email or other electronic communication addressed to you or at the time UDFYN notifies you that the Product is available for downloading from the Site.
Indemnification
You agree to indemnify UDFYN, its licensors, suppliers, vendors, and their directors, officers, and employees against all claims, liability, damages, costs, and expenses, including reasonable legal fees, arising from (i) your breach of these UDFYN Terms or (ii) any suit, claim, or demand arising from or relating to any material that was not part of the standard Site Content and that you uploaded or incorporated into Products. Regarding clause (ii), you agree that UDFYN has the right to control the defense of any such suit, claim, or demand.
Disclaimer of Warranty
8.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF PRODUCT DESCRIPTIONS, WE DO NOT WARRANT THAT SUCH DESCRIPTIONS ARE ACCURATE, RELIABLE, OR ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
8.2. Some jurisdictions provide consumer guarantees that cannot be excluded by contract or are limited in certain circumstances. If these consumer guarantees apply to you and cannot be legally excluded by UDFYN, then to the maximum extent permitted by law, UDFYN excludes or limits those consumer guarantees and limits its liability as follows:
(a) For services: the supply of services again or the payment of the cost of having the services supplied again.
(b) For goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
8.3. UDFYN’s Satisfaction Guarantee is valid for 10 years following your purchase. Refund processing time may vary depending on your bank, with most refunds issued within 30 days. Certain circumstances beyond UDFYN's control may not be covered by the Satisfaction Guarantee. UDFYN cannot be held responsible for spelling, punctuation, or grammatical errors made by customers, inferior quality or low-resolution images uploaded by customers, design errors introduced by customers, errors in user-selected options such as choice of finish, quantity, or product type, or damage to products occurring after delivery to customers. Customers are advised to review their designs carefully and correct any mistakes before placing an order. UDFYN does not proofread documents created by customers before processing.
Limitation of Liability
IN NO EVENT SHALL UDFYN OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR 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 UDFYN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR THE FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM UDFYN OR ITS AFFILIATES, INCLUDING DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. UDFYN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR THE PRODUCTS OR SERVICES PROVIDED BY UDFYN. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS SHALL NOT APPLY TO YOU BUT ONLY TO THE EXTENT THAT THEY ARE NOT PERMITTED BY LAW. IN SUCH A CASE, THE EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Site Feedback
Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to UDFYN regarding the operation or content of this Site shall be deemed to be provided on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of UDFYN. By submitting any such information to UDFYN, you agree to transfer and assign, at no charge, all of your rights, title, and interest in the information, including all copyrights and other intellectual property rights, to UDFYN. You agree that UDFYN shall be free to use such information without restriction.
Privacy and Our Use of Cookies
UDFYN's Privacy and Cookie Policy outlines how we collect, use, disclose, store, and protect the information you submit to us during the use of our Site. This Privacy and Cookie Policy applies to every visit to the Site, use of our services, and every transaction and agreement concluded through the Site.
Miscellaneous
You must be at least 18 years old or have parental or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have obtained such permission. In the event any provision of these UDFYN Terms is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow for its enforceability or, if a modification is not satisfactory, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected.
Governing Law, Jurisdiction, and Dispute Resolution
13.1. The party with whom you are contracting and the seller of the products and services offered and sold on this Site is UDFYN.
13.2. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed until 30 June 2021 by the laws of the State of New South Wales, Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale under these UDFYN Terms.
13.3. Any legal action or proceeding related to or arising from your access to or use of this Site shall be initiated in Sydney, Australia. You consent to the jurisdiction of courts situated in Sydney, Australia, and agree that such courts have proper venue in any legal action or proceeding. You also waive any objections regarding the convenience of Sydney, Australia, as the forum for such legal action or proceeding.
13.4. Some jurisdictions provide certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law, UDFYN and its suppliers and distributors shall not be liable for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
13.5. We acknowledge that in some countries, you may have legal rights as a consumer. If you are using the Services for personal purposes, then nothing in these terms or any additional terms limits any consumer legal rights that cannot be waived by contract.
