Shirtbox Terms & Conditions
V. 2020.05.28
In order to establish a fair and transparent trade relationship between yourself and us, Shirtbox, it is important that you understand the underlying terms and conditions of purchasing our products and services.
The following user agreement lays out your rights and obligations as a customer as well as rights and obligations as a goods and services provider.
Please be sure you read the following carefully and keep yourself informed of any changes that may occur to this agreement as you continue trading with us in the future. Our terms and conditions may change without explicitly stating so.
Please understand that by continuing through with your purchase of our products and services you are accepting the terms of the below user agreement.
1. Shirtbox – What We Offer
The on-sale of wholesale products as we receive them from our suppliers and garment manufacturers;
The creation of custom t-shirt designs using our online design tool and in-store services;
Saving / storing of your design on your personal account, for repeat purchase and historical purchase insights;
Custom garment prints, embroidery, signage & sticker printing at our production facility in Cairns, Australia, as ordered by you;
Graphic design services as commissioned by you
Obligation-free quotes
Verbal and written recommendations according to our expertise to support your own decision making
Physical store location to assess our product and service offering in person
Use of our artwork library within our T-shirt eCommerce Manager Platform for your personal customisation and print;
Allowing you to save and share designs that you have created;
Posting your created designs on social media platforms that you have an account for;
Create, design, customize products that are listed for sale;
Subscription to special offers
Use of coupons & discounts
1.1 Shirtbox Return Policy
In the event that you have received a faulty / damaged or misprinted garment from us, you are entitled to a replacement or store credit if your complaint is received within 14 days of purchase.
1.1.1 What is considered a faulty / damaged garment?
stains
tears / rips / holes
wrong style / size / colour shipped
measurement deviations of +/- 1.5cm of online size specifications are not considered to be off size. Anything beyond that will be replaced / refunded.
Please note colours shown on computer screens are never an exact resemblance of real colours and it is expected within a reasonable field that slight colour variations are accepted by you, the customer.
1.1.2 What is considered a faulty print?
different artwork printed than approved by you;
different colour printed than approved by you;
please note that our default print technique is using a digital printer with a CMYK setup. Sport colours can only be printed using the screen printing technique and minimum quantities and setup fees apply. By not emailing us to explicitly request the screen printing method for your printing needs, you are demonstrating your understanding that pantone colours are replaced with the CMYK equivalent and non CMYK shades are replaced with the nearest CMYK equivalent. It is your responsibility to ensure that your artwork is setup in CMYK format before submitting your designs to us. If you are experiencing problems doing so, please email us and we will be happy to assist.
print or embroidery is placed at a different location than approved by you. Please note up to 20% of placement deviation is still considered correct order fulfilment. Anything of 20% deviation or more warrants you to request a replacement or refund.
print or embroidery is significantly bigger or smaller than approved by you. Please note that up to 15% of decoration size deviation is still considered correct order fulfilment. E.g. you ordered your logo to be 10cm in width, but the print you receive is only 8.4cm wide. This is a 16% deviation from the original size and warrants you to request a replacement or refund.
print coming off after less than 60 days from order collection whilst adhering to the garment care instructions (see 1.2 for further guidelines).
1.1.3 What cannot be returned / refunded?
Due to the nature of our business offering products and services based on individual customer requests (“custom services”), we are unable to offer a refund / replacement or store credit in the following instances:
change of mind of an already started or completed custom orders
aesthetic dislike (i.e. simply not “liking” how the product turned out, without any apparent technical or practical decoration flaws)
choosing the wrong colour, size or style of a custom print
own fault of staining or damaging the product
more than 14 days passing since the purchase of the product
perceived colour variations due to inconsistencies of computer screens vs. real garment colours
garment size deviations of less than 1.5 cm outside the stated product specifications
print placement deviations of less than 20% of approved placement area
print size deviations of less than 20% of approved print dimensions
errors in approved designs
shipping / stock delays outside of the control of Shirtbox, for instance if Shirtbox sends your order off with a third party courier prior to our standard or otherwise agreed due date, and the order is delayed due to a fault of the third party.
1.1.4. Return policy of blank garments
If you want to return blank garments based on a change of mind, wrong order request of colour, size, style or quantities due to your own fault and not because of a fault of Shirtbox or its employees and associates, and without any apparent quality issues regarding the blank product itself such as faulty stitching, faulty fabric, uneven dye, or size discrepancies beyond the stated area of variation by the supplier itself, you can do so within 14 days of receiving your order. The following rules apply:
Garments must be in original condition and fit for re-sale
Garments must not be decorated with a custom print or embroidery
Depending on the garment manufacturer, a re-stocking fee may be applicable, which is payable by the customer
Any shipping costs incurred from sending the blank garments back to the manufacturer must be carried by the customer
1.1.5 Shirtbox Return Procedure
If you are within your rights of a replacement, refund or store credit, please send us an email to info@shirtbox.com.au with the following details:
the date of your purchase and the date of your order collection
your order number
a detailed description of the problem with your order
a photo of the fault or damage
We will be in touch with you ASAP to rectify the problem
1.2 Print & Garment Durability
While we pride ourselves in taking the utmost care to ensure our prints are the most durable and long-lasting they can be, it is your responsibility to ensure you are caring for the print sufficiently.
1.2.1 Print Care Instructions
For all print types, these are the recommended care instructions:
gentle cold machine wash with the garment turned inside out
no harsh chemicals or laundry detergents
no tumble-drying
dry in shade
no ironing
don’t leave the garment hanging in the sun for long periods of time
Avoid exposing the garment to other harsh conditions such as contact with salt water, high UV exposure, and / or abrasive motions.
1.2.2 Garment Care Instructions
Please refer to the care tag inside the garment for specific care instructions.
1.2.3 The right of assessment
In the event of a return/ refund request due to print / embroidery coming off within the specified period of 60 days after order collection, Shirtbox and its employees and associates reserves the right to assess the overall quality of the claimed products to determine if the required care instructions have been adhered to and may refuse your return / refund request based on their assessment.
1.3 Quotations & Price Estimation
All quotes are issued on request and are valid for 30 days. If a quote has been approved but a deposit payment has been made on the issued invoice later than 30 days of accepting the quote, a new quote will be issued for approval. Quotes are only valid for the specific products, artwork, decoration services and turn-around time and shipping as discussed prior to the quote. Making additional amendments or additions after accepting a quote may change the cost if individual line items.
1.4 Cancellation of Orders
Orders can be cancelled but depending on how far into the production process we are you may not receive all or any of your deposit back. Costs associated with the shipping of blank goods, returning blank goods to the supplier, setting up artwork, graphic design, general administration of your order and print materials may be deducted of your deposit payment.
1.5 Turnaround Time & Delivery
Please tell us the date by which you need your shirts by so we can factor this in as soon as we receive your order!
1.5.1 Standard Orders
Our standard turn-around time (which is the time from when we receive payment from you until we ship your garments) on orders less than 20 tees, our standard turn around time is 3-5 business days. For orders over 20 units 7-10 business days should be allowed for the order completion.
If you require your order shipped to an address in Australia, we rely on the delivery timeframe of Australia Post or Fastway, who are our standard couriers. As a rule of thumb you should allow 5 business days for these couriers to deliver your order from us to you.
Please acknowledge that the actions and reliability of our third party couriers are outside of our control and we can’t take any responsibility for orders not being delivered on time due to a delay caused by the courier.
1.5.2 Express Orders
Providing the garments you are after are in stock, you can request a next day pickup / shipping service. Additional fees may apply. To guarantee next day pickup / shipping orders need to be placed by 10am the previous day providing this day is a day of Shirtbox’s public operation (Monday - Friday), including the complete provision of print-ready artwork. Please refer to our artwork guidelines below what this entails.
Express orders are shipped via Australia Post Express Service and depending on your location can take 2-3 days. Please note that we are not responsible for third-party delivery delays.
1.6 Artwork Guidelines, Submission & Acceptance of Proofs
1.6.1 Artwork Guidelines
Please ensure your artwork to be printed meets the following guidelines:
acceptable file types are .pdf, .eps, .ai, .psd, .svg, .tiff, .tif, .gif, .png, .jpg, .jpeg
please do not send Microsoft office files such as .docx, .pptx, .xlsx. These files need to be saved as a PDF on highest quality settings.
please ensure all fonts are embedded in your files so that they won’t be replaced by a default font if we haven’t got your font installed on our computers
please ensure your files are saved at the highest resolution possible, ideally at 300dpi
please ensure your artwork is created and saved in CMYK mode. Please note that spot colours cannot be matched exactly with CMYK colour tones.
If you require screen printing and want exact spot colours printed, please tell us the pantone code.
Please crop your artwork to the edge of your design
Please size your design to the desired print size
By providing your artwork to us, you demonstrate acceptance that this artwork is being used for mockups and final print / embroidery services, unless otherwise explicitly stated by you. If artwork requires colour enhancements, cropping, re-sizing, object modifications, vectorisation, retouching or any other amendments, you must communicate this clearly in writing.
1.6.2 Artwork Submission & Provision of Proofs
Online Print Design Tool (Own Upload)
When you use our online print design tool you create, place and approve the artwork before hitting the “buy now” button. By fulfilling the purchase of DIY designed garments you are demonstrating your acceptance of the layout and look of the artwork you submitted and therefore your submitted designs will be printed exactly like that onto the blank garments you chose. You understand that no changes or alterations may be made after your purchase and you won’t receive another proof from us before we start printing. In addition to this, the below bullet points also apply to online orders:
Orders via Phone, Email or in Person
If you supply your artwork to us and no changes are required other than sizing the artwork to the size stated by you, we won’t supply you with a final artwork proof before printing begins unless explicitly requested by you.
If you require changes to be made to your existing design or require new artwork to be created by us, we will provide you with a digital proof via email before starting the print production on your garments.
Customer satisfaction is our primary goal and we pride ourselves in the great personalised customer service we provide. Due to the manual product processes involved and the dependency of our print and embroidery results on raw materials supplied by third-parties such as manufacturers, customers and other suppliers, please note that we cannot be held responsible for:
Spelling, punctuation or grammatical errors made by the customer.
Mistakes that the client has approved after being sent a proof
Low quality artwork supplied by you which then results in a poor print
Aesthetical dislike of a product / service based on individual customer taste
Poor decoration results or faulty prints / embroidery of self-supplied garments
Errors in user-selected options such as product type or size. Please use our size guide for measurements or email us for advice.
Garment shrinkage in wash
Courier delivery timeframes
Shirtbox is not responsible for checking or modifying your artwork if you upload it directly to our website. If you require changes such as colour changes, background removal or design work please email us at info@shirtbox.com.au or call 07 4053 2098 to discuss artwork before uploading your image to our designer.
Proof Approval Disclaimer:
Verbal agreement, payment of an invoice or emailing a reply with approval constitutes authority to proceed. Clients are requested to check thoroughly before approving. We have taken the utmost care creating your artwork, however are not liable for client error. Due to the production process, colours, position, size & scale are indicative only. Artwork & concepts supplied via our online design library remain property of Shirtbox. They must not be adapted or communicated to third parties or in anyway used without our expressed permission.
1.7 Provision of blank garments
1.7.1 Garments supplied by Shirtbox
Garments supplied by Shirtbox have been assessed of their quality to yield acceptable print and embroidery results. In the event of poor print / embroidery results, Shirtbox will replace the garment/s free of charge.
Shirtbox is not responsible for quality flaws of third-party products / services sourced by Shirtbox but will facilitate any refund / return requests by the end customer.
1.7.2 Garments supplied by customers (“Self-Supplied Garments”)
Shirtbox cannot guarantee the print / embroidery result of self-supplied garments and may not be able to offer a refund / replacement or store credit in the event of a faulty print / embroidery due to quality issues in the supplied materials, especially when using print techniques such as direct-to-garment printing where the fabric composition directly influences the decoration result.
Where a self-supplied garment is already decorated, Shirtbox is not responsible for the existing decoration to get damaged during its own printing processes
Garments supplied by customers are supplied at their own risk of potential damage or loss due to print / embroidery machine error or malfunction and in this event Shirtbox reserves the right to replace the damaged product with a self sourced product of equivalent or higher value or quality than the damaged good. Shirtbox will not be responsible for a monetary reimbursement for any losses incurred by the customer from the damaged good, unless the error was made due to
Wrong decoration placement (decoration placement deviates at least 20% from approved specifications)
Wrong decoration size (decoration size deviates at least 15% from approved specifications)
Wrong artwork being used, other than approved by customer
2. Using Shirtbox Services & Website
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.
2.1 Eligibility of children under 18
Shirtbox will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
In these Terms and Conditions, unless the content indicates a contrary intention:
Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A user means any person using the website and / or services provided by Shirtbox.
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.
3. User’s Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:
all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
complying with all laws, regulations and rules in the uses country or jurisdiction;
complying with any recommendations or guidelines issued by Shirtbox with respect to the use of the Website and/or services and ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.
3.2 Restrictions on Users
Users shall not and has no right to either:
reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
is libellous, defamatory or slanderous,
condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
contains explicit sexual content,
does or may denigrate or offend any ethnic, racial, gender, religious or other group,
through use of language, images, stereotypical depiction or otherwise, is designed to or does harass, threaten, defame or abuse others,
exploits images or the likeness of minors,
encourages the use of drugs or the under-age use of alcohol or cigarettes, or
is generally offensive or in bad taste;
use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the Shirtbox & T-shirt eCommerce Manager Platform,
take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our Website,
impersonate another person or entity,
engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.
USER ACKNOWLEDGES AND AGREES THAT SHIRTBOX MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.
4. Shirtbox Obligations
4.1 Access to and use of the Website and Services
Subject to user complying with and discharging each of its obligations under these Terms of Use, Shirtbox shall allow user to access and use the Website and the services .
4.2 Privacy
Shirtbox may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Shirtbox shall comply with, and user hereby consents irrevocably and unconditionally to Shirtbox’s collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).
4.3 Training
User acknowledges that Shirtbox has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Shirtbox reserves the right to modify the organisation, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Shirtbox shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1.
Shirtbox grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to
collect or use information contained on the Website for purposes prohibited by Shirtbox;
to compete with Shirtbox;
to create derivative works based on the layout or design, look-and-feel, or structure of the Website;
or download or copy the Website (other than page caching).
If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Shirtbox may revoke the licence and deny access to and use of the Website.
5.2 Prohibition on Infringement
User acknowledges and agrees that Shirtbox does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, in consideration of the authorisation granted under clause 4.1, User hereby grants to Shirtbox an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
6. Registration
6.1 User Account and Security
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Shirtbox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Shirtbox cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Warranties
7.1 User warranties
User represents and warrants to Shirtbox that, in its use of the Website and the Services provided, it:
will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Shirtbox that:
there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
Shirtbox will not be required to make any payments or compensation to any person in connection with its use of such content; and
such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Shirtbox's warranties
Shirtbox represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.
7.3 Caveats
Shirtbox provides the Website and Services on an “as is” and “as available” basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Shirtbox that the functionality or operation of the Website and/or the services will:
be uninterrupted or free of errors and inaccuracies;
meet users requirements; or
operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
Shirtbox does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Shirtbox is not liable.
Shirtbox does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Shirtbox, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
(a) User acknowledges that neither Shirtbox nor any person acting on Shirtbox behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Shirtbox, except for representations or inducements expressly set out in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Shirtbox be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
any third party;
actions of user that were not expressly authorised by Shirtbox;
accident, misuse or abuse by anyone other than Shirtbox;
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Shirtbox;
products (including any hardware or software) or services not licensed or supplied by Shirtbox;
power surge or failure,
events of force majeure or events outside Shirtboxs actual control; or
any other condition not arising under normal operating conditions;
technical faults caused by our web host Crazy Domains.
(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Shirtbox has been advised of the possibility of any particular loss or damage.
8.3 Links
Shirtbox may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Shirtbox is not responsible for the operation of or content located on any such website, and Shirtbox cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Shirtbox for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Shirtbox’s sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.
8.5 Indemnity
User shall indemnify and hereby releases unconditionally Shirtbox, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.
9. Termination
9.1 Termination
(a) At any time and with or without cause, Shirtbox may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Shirtbox. In no event shall any such termination or suspension by Shirtbox relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services
9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Shirtbox may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Shirtbox shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.
10. General
10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.2 Variation
Shirtbox may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user’s continued access and use of the Website and the Services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Shirtbox services.
10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.
10.4 Assignment
(a) Shirtbox may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Australia (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
Last updated 22/05/2020
