Terms Of Service
This website is operated by Paint Plot Australia. Throughout the site, the terms “we”, “us” and “our” refer to Paint Plot Australia. Paint Plot Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Items
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies and Omission
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Paint Plot, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Paint Plot and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Paint Plot Australia, 22 Para Road, Lower Plenty 3093 VIC
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Enough paint guarantee
Paint Plot Australia's 'enough paint guarantee' is valid for six months after a customer has received a kit.
Section 21 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Paint Plot Subscription Terms of Service
Effective: November 7, 2020
Welcome to Paint Plot Memberships
These terms and conditions (the “Terms of Service”) govern your (“you” or “your”) access to and use of the Paint Plot monthly subscription service.
This document contains important information regarding your rights and obligations as well as conditions, limitations and exclusions that apply to you, please read it carefully.
We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Platforms; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription.
Please read these terms of service carefully as they create a binding contract between you and Paint Plot as part of the monthly subscription service for monthly delivery of paint by numbers products.
- Acceptance of Terms
- MEMBERSHIP TERMS AND CANCELLATION POLICY
2.1 Recurring Membership; Automatic Renewal
You acknowledge and agree that each membership automatically renews unless you cancel it or we suspend or terminate it in accordance with these terms.
When you sign up for a Membership, you will have the opportunity to choose the category of the painting kit that you would like to receive each month (landscape, animal or fantasy), from the options provided at the time you sign up. By default, you will be charged the agreed amount ($33.90 AUD) once (1) per month unless you change your subscription in accordance with these terms.
Paint Plot will automatically renew your membership and charge your Payment Method once per month, unless we or you cancel your Membership in accordance with these terms.
Your Payment Method will be charged at least one full business day prior to your next Subscription box shipping date. We will charge your Payment Method with the applicable recurring cost, plus any shipping costs associated with your membership. You authorise this renewal by agreeing to the automatic renewal of your Membership and these Terms during the Member sign-up process.
To avoid being charged, you must cancel your Membership in accordance with Section 2.4. We will continue to bill your Payment Method on a monthly basis until you cancel.
When you sign up to the Paint Plot Membership program, your first membership box will be sent within seven days of your subscription and your payment method will be charged. Following this, subscription boxes will be sent once per month within five business days of your original subscription. For example, if you first subscribe on November 16th, you will be sent your first subscription box in November and sent your next subscription box between December 11 – December 21.
2.3 Available Products
Each month, the product you receive for your Paint Plot Membership will include a new painting design, which has not previously been for sale via Paint Plot Australia. We will endeavour to send the painting kit that is within the category you selected at the time of sign up. You can change these preferences by logging in to the website and updating the information. We cannot guarantee that you will receive the category you have chosen as new painting designs will be subject to availability. Paint Plot Membership products can be returned, in accordance with our returns and refunds policy (in their original condition and unpainted), however the cost of shipping for the products will not be reimbursed if items are returned and may vary from the listed price of shipping on the Paint Plot Australia website.
2.4 Membership Cancellation or Modifications
Cancellation by Us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you via email that payment is due. We reserve the right to not ship any products until your payment has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation or Modification by You
You may cancel your Membership at any time by logging into your ‘Account’ on the Paint Plot website and cancelling your membership. You must submit your cancellation request at least five full business days prior to your next painting being shipped to avoid being charged for your subscription. It may take up to five business days to process cancellation requests submitted to our support team via email. You may be charged for your next delivery if your cancellation request is not received in time for processing before your next delivery date. If you have any questions or issues, please email us at email@example.com
If you cancel or modify your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid.
Membership benefits included in your subscription include a painting kit (canvas, paints and three paint brushes with NO FRAME) each month, access to a personal discount code, membership badges on the first, third, six and twelfth month of your membership and a free gift with an unspecified value once per month. Any additional Paint Plot products you choose to purchase will be at an additional cost.
You agree that Paint Plot may cancel your personal discount code if we have reason to believe that this has been distributed or used by another person other than the member. You are solely responsible for your membership code and must ensure that this is used only by you, it can be used to send gifts to others but if it is published publically or we believe that it has been distributed, we reserve the right to cancel it.
By placing an order with us, you agree that you are entitled to the use of one discount code for subscriptions per your lifetime with Paint Plot Australia. If you use multiple discount codes, or the same discount code for multiple orders, we will cancel your order, hold the funds currently paid and send an invoice of $70 AUD per order for administration fees which you will be required to pay within 30 days. If payment is not received, we reserve the right to use the legal framework to recoup our losses.
- MODIFICATION OR SUSPENSION OF PAINT PLOT SERVICES
You agree that Paint Plot may, in its sole discretion and at any time, modify, discontinue or suspend its operation of Paint Plot services, including any of the membership contents, temporarily or permanently, without notice or liability to you.
4. PROMOTIONAL CODES
If you use a discount code on the first month of your subscription, including the $1 offer, you will be required to subscribe for a minimum two box term. The minimum total billing for this term will be $33.90 AUD prior to a cancellation being processed.
If you wish to return the item, both items (month one and month two) need to be returned in their original condition before a refund will be possible.
If you use a discount code on your first subscription box, this is also not eligible for free returns or swaps.
A limit of one subscription using a promotional code, including the $1 offer, applies per address. If subscription orders are made under different names but the same address, the order will be cancelled and a portion or all of the cost will not be refunded, in accordance with these terms. This is to allow for merchant and administration fees to be retained on suspected fraudulent orders.