Terms & Conditions
- 1.1. In these Terms and Conditions "we" and "us" mean S3 Group Pty Ltd of Suite 304A, Level 3, 275 Alfred Street, North Sydney NSW 2060 AUSTRALIA, and "you" means the Registered Users and visitors of this website. By visiting and/or using the toastprint.com.au website, associated services and functionality (the “Service”), you agree to be bound by these Terms and Conditions together with the Registration which constitute the entire Contract between us and you for the supply of Service. The Contract cannot be varied unless we agree to vary it in writing or by email.
- 1.2. Toast Print reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- 1.3. Prices of all Services, including but not limited to subscription plan fees for the Registered Users, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website or email.
- 1.4. You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Toast Print. Any unauthorized assignment shall be deemed null and void.
- 1.5. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- 1.6. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
- 2.1.You must complete the registration in order to use the most of our Services.
- 2.2. Our Services are only available to, and may only be used by, individuals or individuals over the age of eighteen (18) from registered corporate entities who can form legally binding contracts under applicable law. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Toast Print suffer any damage or other losses as a result of a transaction entered into by a minor, Toast Print reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Toast Print.
- 2.3. You will provide true, accurate, current, and complete information about yourself as requested in the registration page. As part of the registration process, you will identify an e-mail address and password for your Toast Print account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Toast Print reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- 2.5. The registration does not imply any grant of license to any software provided by us. You shall not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to our Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
- 2.6. By register to our Service, you agree not to submit or publish any materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party in any of our public features such as Inspiration Gallery and Tips Exchange. Furthermore, you shall not submit or publish any materials that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
- 2.7. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source without specific permission from the owner in which such contents may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use.
- 2.8. Toast Print reserves the right to automatically remove any content for any reason immediately or within such other timescales as may be decided from time to time by Toast Print in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Toast Print holds no responsibilities to keep, store and return such contents to you.
- Payment, Refunds, Upgrading and Downgrading Terms
- 3.1. You must sign up as a Free Plan Account before you can upgrade your account to Premium Printer Account. A valid credit card is required for Registered User of Premium Printer Account, other accounts are not required to provide a credit card number. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial period of service, downgrade refunds, or refunds for days unused with an open account.
- 3.2. If you do not terminate or downgrade your Premium Printer Account within the calendar month from and including the day that we notify you your Premium Printer Account has been activated, your credit card will be charged on the Renewal day, one month after your account has been activated. Your Account will be automatically renewed every month onwards on the Renewal day of every month. For registration or Renewal day set on 29th, 30th or 31st, of the month and have a monthly subscription interval, will be processed on the last day of next month and it will be your new Renewal day for the following months. If you terminate or downgrade your Premium Printer Account 1 business day prior to the Renewal day, your credit card will not be charged and your account will be automatically downgrade to Free Plan Account on the day.
- 3.3. You are responsible for ensuring there is sufficient funds/credit available in your nominated credit card at the Renewal day. You must pay dishonor fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card unless the failure was due to a clear error on our part. You are required to update your account details if your credit card is due to expire at least two weeks prior to the expiry date and are required to provide us with details of a current credit card. We may downgrade your account to Free Plan Account on or after the Renewal day if the charge to credit card is unsuccessful. Downgrading your account may cause the loss of Content, features, or capacity of your account and we do not accept any liability for such loss.
- 3.4. All fees unless stated in our website are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties
- 3.5. Whilst Toast Print appoints eWay (Web Active Corporation Pty Ltd ACN 086 209 403) for its payment transactions with our Registered Users, Toast Print will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
- Cancellation and Termination
- 4.1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account anytime within the Toast Print application.
- 4.2. All contents including the ratings, feedbacks, articles and other materials will remain on our website after termination. Toast Print has sole discretion to remove those contents.
- 4.3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- 4.4. Toast Print in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all contents in your account.
- Our Liability
- 5.1. Our service is provided on an "as is" and "as available" basis.
- 5.2. Toast Print uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- 5.3. We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
- 5.4. Toast Print shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Toast Print, and Toast Print shall be entitled to a reasonable extension of time for the performance of such obligations.
- Governing Law
- 6.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
S3 GROUP PTY LTD trading as TOAST PRINT
ACN 110 130 875
ABN 71 110 130 875
Suite 304A Level 3, 275 Alfred Street
North Sydney NSW 2060
T: +61 2 8904 0279
F: +61 2 8569 2055