General Terms & Conditions

am-pm.net.au is owned and operated by AM-PM Communications Communications trading as AM-PM Communications (ABN 63 159 961 856). By visiting, registering or placing an order with the am-pm.net.au website ("Site"), you agree to be bound by the terms and conditions. This agreement is between AM-PM Communications and You and covers use of the Site.

If you do not agree to all of these Terms and Conditions, do not use the Site.

Copyright Notice

You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of AM-PM Communications and/or various third-party providers ("Providers").

Corporate Identification and Trademarks

AM-PM Communications and any and all other marks appearing on this Site are trademarks of AM-PM Communications Communications Pty Ltd in the Australian and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without AM-PM Communications Communications Pty Ltd’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. AM-PM Communications Communications Pty Ltd prohibits the use of Trademarks as a link on, or to, any other website unless establishment of such a link is first approved by AM-PM Communications Communications Pty Ltd in writing.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which:

• 1 are unlawful, threatening, harassing or profane;
• 2 restrict or inhibit any other user from using or enjoying the Site;
• 3 constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or,
• 4 contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by AM-PM Communications Communications. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without AM-PM Communications Communications’s written consent is prohibited.

Your Account

Certain services made available by us are delivered by third-party sites and organisations. By using any product, service or functionality originating from us, you hereby acknowledge and consent that we may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of us and our customers.

Password

You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorised user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorised use.

Privacy

AM-PM Communications Communications is bound by the Privacy Act 1988 (Cth) and takes steps to ensure that all personal information obtained in connection with the Contracting Party will be appropriately collected, stored, used, disclosed and transferred in accordance with the Privacy Act 1988.

Your use of the Site is subject to our Privacy Policy. Please review this Policy, which also governs this Site and informs users of our data collection practices.

Security of your payment details

Protecting your personal and order information is a priority at AM-PM Communications. We want you to be able to order from the Site with total confidence. Our NAB secure server will protect any personal information that you submit. The Site uses Secure Sockets Layer (SSL) technology to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to the Site. This encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.

Security of your personal details

This is a secure area that ensures your order & payment details are encrypted by a 128-bit encryption and remain secure over the Internet. We accept Visa and MasterCard. When we receive your order we will send you a confirmation email with your order number and order details attached. If there are any problems with your order please email us at admin@am-pm.net.au or contact us on 1300 017 131.

Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Artwork and Jobs

Artwork is the sole responsibility of the Contracting Party.

All artwork supplied to AM-PM Communications must be in electronic form and must comply to AM-PM Communications’s file specifications. AM-PM Communications will only accept non compliant Artwork where the client takes accepts full responsibility and waives any obligation by AM-PM Communications to the Contracting Party. AM-PM Communications will not be responsible for file related errors that may reduce the quality of the Contracting Party’s job, nor does AM-PM Communications accept responsibility for files that are not print ready.

AM-PM Communications’s automated process checks all submitted artwork files for relevant output intent before printing, but you are responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files.

All Artwork is supplied electronically. AM-PM Communications does not accept Artwork in any other form. Artwork supplied by the Contracting Party is deemed to be print ready and no further investigation will be undertaken by AM-PM Communications.

Under the Terms and Conditions, and as per User Conduct you agree that you will not provide to AM-PM Communications any artwork files containing material that is: offensive; that could give rise to any civil or criminal liability under applicable law; or that could infringe rights of privacy, copyrights or intellectual property rights. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.

Whilst all care is taken, print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore, AM-PM Communications accepts no responsibility for these colour variations in differentiating printing processes or stock.

Colour Accuracy

AM-PM Communications will reproduce colour from submitted print-ready files as closely as possible, but cannot exactly match colour and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighbouring image ink requirements, the accuracy of colour reproduction is not guaranteed. By placing an order with AM-PM Communications you agree to this limitation.

We will endeavour to match the gradient density of each colour, but we accept no responsibility for colour variations between submitted files and the final printed piece. Under no circumstances will a reprint be honoured for colour variations that have occurred during the printing process. Application of UV coating may effect or change the appearance of the printed colours. We are not liable for the final colour appearance of a UV coated product. The Print Industry Tolerance for colour variation is 10% from PMS to CMYK.

No Liability for Errors

AM-PM Communications is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size.

AM-PM Communications does not make any changes to the Artwork files provided.

Pricing and Payment Policy

All prices and amounts shown on this Site are in Australian Dollars (AUD) and include shipping costs and GST (Goods and Services Tax), unless otherwise noted. If a User submits a request on the Site to purchase a goods or service, the User agrees that all charges, taxes and shipping costs will be charged to the credit card or paid by the User with an approved payment method.

AM-PM Communications requires Payment in full and Approval from the client before we commence fulfilment of an Order. On Approval by the Customer no changes are permitted to the Order.

Subsequent to Payment and Approval a print job has automatically been sent to our Print Supply Partner and scheduled for printing. Subsequent to Payment and Approval the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Third Party Orders

Each order made from the Site is a contract between you, as the Contracting party making the order, and AM-PM Communications. Placing orders on behalf of a third parties does not absolve you of liability to us. Accordingly, any decision by the third party not to accept goods, or cancelling an order with you, does not diminish your liability to us.

Acceptance

By using the Site you agree that acceptance of the goods delivered will be deemed to have taken place 2 days after the after the delivery of the goods or earlier if you notify us.

Returns and Refund Policy

The Contracting Party shall inspect the Goods on delivery and within 2 days of delivery notify AM-PM Communications with full details in writing of any alleged defects, shortages, damage or non-compliance with the Order.

If the Contracting Party does not notify AM-PM Communications within 2 days to advise alleged defects, shortages, damage or non-compliance with the specifications, the Contracting Party is deemed to have accepted the Goods.

Where any defects, shortages, claim for damage or non-compliance with the specifications in the Quotation is accepted, AM-PM Communications may at its discretion, replace the defective or missing Goods or re-supply the services.

AM-PM Communications will not accept Goods for return that have been altered in any way or have been used.

The Contracting Party must pay all freight charges associated with the return of the Goods unless AM-PM Communications reasonably agrees that the defects, shortages, damage or non-compliance is due to the fault or omission of AM-PM Communications.

Warranties

Unless expressly set out herein, all implied warranties and conditions in relation to any supply by AM-PM Communications are expressly excluded (unless such warranties cannot at law be excluded).

To the extent permitted by law, liability for breach of any implied condition or warranty will be limited to any one of the following as determined by AM-PM Communications:

• 1 the replacement of Goods supplied by AM-PM Communications or the supply of equivalent Goods; or,
• 2 the payment of the cost of replacing Goods supplied by AM-PM Communications or of acquiring equivalent Goods.

To the extent permitted by law and regardless of any other provision of these terms and conditions, AM-PM Communications will not be liable for any consequential or indirect loss or damage, economic loss, loss of contract, loss of profit or revenue, loss of production or production stoppage or loss of data suffered or incurred by the Contracting Party. This exclusion of liability applies whether the liability claim is based on breach of contract, tort (including negligence), under an indemnity, under statute, in equity or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless AM-PM Communications, its officers, directors, employees, agents and third-parties from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to: your use of the Site; your breach of the Terms and Conditions; your dispute with another user; the unauthorized access to any password-protected area of the Site using your password, and; any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party, you agree to defend, indemnify and hold harmless AM-PM Communications, its officers, directors, employees, agents and third-parties as described on behalf of yourself and any Third Party.

Liability Disclaimer

To the fullest extent permitted by law, in no event shall AM-PM Communications Communications t/a AM-PM Communications, including its Officers, Directors, Employees, Representatives, Successors, Assigns or Affiliates be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to certain users. In no event shall the covered parties' total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) arising from this agreement or your use of the site exceed the amount paid by you to AM-PM Communications, or $1,000, whichever is the lesser amount.

Termination

This agreement constitutes a binding agreement between you and AM-PM Communications Communications until terminated by you or AM-PM Communications Communications, which AM-PM Communications Communications may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

Changes to Terms and Conditions

We may, in our sole discretion, change, add or remove any portion of the Terms and Conditions at any time by posting new Terms and Conditions on the Site. Your continue use of the Site after such changes are posted will constitute your agreement to such changes.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and AM-PM Communications Communications, including its Officers, Directors, Employees, Representatives, Successors, Assigns or Affiliates to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing law and jurisdiction

This web site is governed by and construed according to the law of the State of Victoria, Australia. It is a condition of use that users of this site agree to submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of the Commonwealth of Australia.

Contact Us

We welcome your questions or comments regarding the Terms and Conditions.

• • Phone: 1300 746 206
• • Email: [email protected]
• • Post: 69 Yarralea Street, Alphington VIC 3078
• • In person: 69 Yarralea Street, Alphington VIC 3078