“3Dclickandprint” is an online manufacturing and design reference, license subscription service owned and operated by 3D Click and Print Pty Ltd (ACN 161 370 314) (“3D Click and Print”, “us”, “our” or “we”) that provides online additive manufacturing or 3D Printing Services and 3D design reference and licensing (Service).
As a condition of using the Service, users (hereinafter referred to as a “Subscriber”, “you” or “your”) must subscribe to the Service and accept and comply with these terms and conditions (Terms) which govern your use of the Service.
These Terms of Service are governed by the following legislation and regulation:
In these Terms, unless the context otherwise requires or permits:
Account means the subscription account established by 3D Click and Print for a Subscriber to use the Service;
Adaptive Manufacturing Systems (AMS) means the intelligence and adaptation capabilities through the close interaction between mechanics, electronics, control and software engineering, including 3D printing;
Additive Manufacturing (AM) means the processes used to synthesize a three-dimensional object in which successive layers of material are formed under computer controlgov to create an object. Objects can be of almost any shape or geometry and are produced using digital model data from a 3D model or another electronic data source such as an Additive Manufacturing File (AMF) file;
3D Click and Print means 3D Click and Print Pty Ltd (ACN 161 370 314) incorporated in NSW Australia;
Confidential Information means all unpatented inventions, ideas, concepts, trade secrets, processes, techniques, software, products and all other Intellectual Property and Know How, financial and business information, all information in relation to AMS and AM, the terms of these Terms and all other commercially valuable information of the Disclosing Party which the Disclosing Party regards as confidential to it and all copies, notes and records and all related information generated by the Receiving Party based on or arising out of any such disclosure. Confidential Information excludes, or as the case requires, ceases to include information, which is, or becomes:
Disclosing Party means the Party which is disclosing information, including Confidential Information;
Content means any material, including videos, cinematograph films, broadcasts, sound recordings, streamed content, images, photographs, artistic works, reviews, statements, opinions, views, advice, ratings, discussions, comments, messages, data, information and any and all other kinds of content in any form whatsoever;
Content Provider means the providers, producers, creators or authors, including their associates or affiliates, of any Content, excluding Your Content, that is accessible or available, whether directly or indirectly, through or in connection with the Service, including Subscribers Generally (other than You);
Intellectual Property Rights includes, without limitation, all copyright, trade mark, design, patent, semiconductor or circuit board layout rights, trade, business or company names, confidential information and other proprietary rights, and any rights to registration of such rights, whether created in Australia or elsewhere;
Force Majeure Event means strikes, lock-outs, or other labour disputes, riots, civil or political disturbance, actions or inaction of governmental authorities or suppliers, epidemics, wars, embargoes (including any other similar sanction), storms, floods, fires, earthquakes, acts of God (including natural disasters), terrorism or any associated activities, computer downtime, nuclear disasters, changes to laws, default or failure of a utilities supplier or common carrier or communications or data network, grounding of air traffic, interruption to transport routes or networks (including shipping routes) or any other circumstances that are outside the immediate control of 3D Click and Print;
Know How means any and all commercial information, technical information and data of the Disclosing Party, including all commercial information, technical information and data relating to any of the Disclosing Party’s products and services;
License (American English) or licence (British English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license can be granted by a party to another party as an element of an agreement between those parties;
Parties means the parties to this Service Agreement and their respective successors and permitted assigns, and Party means any one of them;
Our Content means all Content made available via the Service, whether directly or indirectly, excluding Your Content;
Our Policies means the policies (if any) issued by 3Dclickandprint, from time to time that can be found via the Service, which contain various additional rules regarding the use of, and/or participation in, the Service by Subscribers Generally;
Receiving Party means the Party which is receiving information, including Confidential Information;
Service means the online subscription service providing online additive manufacturing or 3D Printing Services operated by 3Dclickandprint made available via the Website;
Subscribers Generally means the subscribers to the Service from time to time;
Subscription means a subscription to access Content by you complying with the applicable Subscription Fee Terms;
Subscription Fee means the fee payable by you to us (if any), from time to time, in respect of each Subscription in accordance with the applicable Subscription Fee Terms;
Subscription Fee Terms means the terms and conditions issued by 3D Click and Print to Subscribers Generally from time to time which set out the pricing and related terms and conditions for Subscriptions;
Subscription Period means the period in respect of a particular Subscription;
Usage Information means any information or data relating to the use of the Service by you, including meta-data or other usage data;
Website means 3D Click and Print’s website at www.3dclickandprint.com;
Your Content means any Content provided by you, whether directly or indirectly, through or in connection with your use of and/or participation in the Service or in communications with us.
1.4 For the avoidance of doubt, information made available via the Service, other than the Subscription Fee Terms or a notification provided by us in accordance with section 2.5 below, shall not form part of the Service Agreement.
2.1 The Service is an online subscription service provided by 3D Click and Print to provide printing and licensing services. The Service may be accessible through such digital devices as may satisfy the technical requirements for doing so.
2.2 3Dclickandprint will be entitled to change the Service, including its features and Our Content available to Subscribers, from time to time, without notice to you, as a result of any number of reasons, including as a result of:
and we do not have to disclose to you those reasons.
2.3 Certain parts of the Service, including certain features and Our Content, may only be accessible or available (whether temporarily or permanently) subject to certain conditions or when specific requirements are met, including:
2.4 For the avoidance of doubt, and notwithstanding any other matters in these Terms, we may at our absolute discretion, without advance notice to you, remove, modify or suspend the availability of any features of the Service, including the availability of Our Content or Your Content, whether in whole or in part, temporarily or permanently, for any reason.
2.5 We may from time to time change the terms and conditions of the Service Agreement (except that changes to the Subscription Fee Terms are dealt with in section 5 below), either by sending you an updated link to the revised Service Agreement and/or by a notification made via the Website. Such changes will take effect on the date specified by 3D Click and Print. By continuing to use the Service after the date of change of the Service Agreement, you will be deemed to have accepted the revised Service Agreement.
2.6 In order to use the Service you will need to have a suitable digital device and Internet access with a minimum bandwidth. The availability and quality of the Service, and your ability to use the Service, will depend on various factors which are outside our control, including the quality of the service provided by your Internet service provider, as well as your location, the bandwidth available, the speed of your Internet connection and the type of digital device you are using to access the Service. You are responsible for paying for any fees or charges imposed by your Internet service provider for the use of data or bandwidth to access the Service.
3.1 To use the Service, you must register an Account with 3Dclickandprint,via the Service and comply with the Service Agreement (including any requirements of the Subscription Fee Terms (if any) from time to time).
3.2 You may only use the Service for such time as you have a valid and active Account and have not been suspended from the Service or had your Account terminated.
3.3 In relation to your Account, you acknowledge, warrant and agree (as the context permits or requires) as follows:
3.4 We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the requirements outlined in section 3.3 above.
3.5 You acknowledge that your entitlement to access, and to maintain access to the Service is subject to you complying with the applicable Subscription Fee Terms (if any) from time to time and to Our Policies generally.
3.6 You acknowledge and agree that if you choose to or permit (whether intentionally or otherwise) the use of your Account and the Service by a third-party, you shall at all times remain liable for any loss or damage suffered by you, 3D Click and Print or any third party (including any Subscribers Generally or Content Providers) as a result of any act or omission undertaken by that third-party which would, if it had been undertaken by you, amount to a breach of the Service Agreement.
4.1 To access Content and to maintain such access available via the Service, you must pay to us the Subscription Fee (if any) that is applicable in accordance with the applicable Subscription Fee Terms.
4.2 Unless otherwise specified in the applicable Subscription Fee Terms, the Subscription Fee (if any) is billed on a monthly basis in advance and billing will commence in accordance with the applicable Subscription Fee Terms. Subscription Fees (if any) are non-refundable for any reason and there are no partial refunds for partially used subscription terms. We will automatically debit the credit card or other account on file for you on the renewal date specified in the applicable Subscription Fee Terms, unless you elect to terminate in advance of the applicable expiry date for the relevant subscription.
4.3 Prior to the end of a Subscription Period, we will notify you of the Subscription Fee Terms to renew or extend the applicable Subscription Period. You will be required to accept the relevant Subscription Fee Terms prior to the end of the applicable Subscription Period to enable you to continue accessing the Service after such Subscription Period.
4.4 To the extent that we are unable to process a payment due in accordance with the applicable Subscription Fee Terms, we reserve the right to immediately cancel, suspend or terminate your Account and/or access to the Service (whether temporarily or permanently), and we may seek the payment of any part of the Subscription Fees (if any) due and owing to us by you in respect of any period which you had access to the Service during a subscription term. In the event we do cancel, suspend or terminate your Account and/or access to the Service under this section 4.3 or otherwise, we are not liable for any loss or damage, howsoever arising, that you suffer as a result.
4.5 We will notify you of any changes to the Subscription Fee Terms provided that such changes will not take effect until the end of the applicable Subscription Period (even if the applicable Subscription Fees, if any, are lower than the amount paid by you).
4.6 If you do not agree with a change to the applicable Subscription Fee Terms, you may opt to terminate your subscription at the end of the applicable Subscription Period by notifying 3D Click and Print to that effect prior to the end of such Subscription Period.
4.7 You may not terminate your Subscription prior to the end of the applicable Subscription Period.
4.8 If you cancel your Account, your Account will be deactivated and you will not be entitled to continue using the Service. However, we will not provide refunds or partial refunds of any Subscription Fees (if any) that represent any part of a Subscription Period for which you cannot use the Service as a result of the cancellation of your Account.
4.9 If we allow you to change your Subscription (Permitted Change) and new Subscription Fee Terms apply in respect of the Permitted Change, we will:
4.10 If we cease providing the Service before the end of the applicable Subscription Period, we will refund you any Subscription Fees (if any) paid by you in advance for any period of the Subscription Period for which the Service is not available, such refund to be calculated on a pro rata basis.
4.11 In addition to the above, we will not provide refunds or partial refunds of the Subscription Fee (if any) in the event we cancel or suspend your Account for any reason permitted under the Service Agreement.
4.12 The Subscription Fee (if any) must be paid to us by a form of payment that is approved by us, and it must be paid in fully cleared funds, without setoff or counterclaim.
4.13 You acknowledge that the Subscription Fee Terms may vary between those offered to you and to Subscribers Generally.
5.1 In relation to your use of the Service, you acknowledge and agree that:
6.1 You acknowledge and agree in respect of Our Content that:
6.2 You acknowledge and agree that mere access to or availability of any Content, whether directly or indirectly, through or in connection with the Service shall not be an inference that 3D Click and Print:
6.3 We reserve the right to remove or modify, without notice to you, any Content, including Our Content and Your Content, that is accessible or available, whether directly or indirectly, through or in connection with the Service that (Prohibited Content):
6.4 In respect of Your Content, you acknowledge, agree, warrant and/or undertake (as the context permits or requires):
6.5 We may log, collect, track, store and/or use any of your Usage Information to allow us to operate, monitor, maintain, refine, upgrade, analyse, market or promote the Service, and we do not have to disclose any Usage Information about you to you.
6.6 We may need to disclose Your Content or Usage Information to a third-party if required by law, to assist any law enforcement agency or regulatory body or to otherwise deal with or pursue any litigious claims, demands or legal actions, and we do not have to notify you of any such disclosures.
6.7 We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
7.1 3D Click and Print provides the Service on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, we expressly disclaim any and all liability and any warranties or guarantees, express or implied, regarding the Service, including, but not limited to, any implied warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement of third-party rights not otherwise disclosed in the Service Agreement.
7.2 In using or attempting to use the Service, you unconditionally acknowledge and agree that we are not liable to you for any loss or damage of any kind that you suffer, howsoever suffered, in relation to any of the following matters:
7.3 To the maximum extent permitted by law, our maximum liability to you for any loss or damage suffered by you arising out of, in connection with or relating to the Service, regardless of the type of action you may bring against us for such loss or damage, is limited to the Subscription Fees (if any) we have received from you. However, in no circumstance shall we be liable to you for any indirect or consequential loss or damage suffered by you, such as a loss of profits, a loss of business opportunities, a loss of reputation, a loss of anticipated savings, a loss of revenue, a loss of goodwill and a loss of contracts.
7.4 For the avoidance of doubt, nothing in the Service Agreement excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy that we cannot lawfully exclude, restrict or modify (Required Matter). Where a Required Matter applies to us but we are able to limit our liability for a breach of that Required Matter, our liability for a breach of the Required Matter is limited to the extent permitted by law, including the supply of the services again or the payment of the cost of having the services supplied again.
7.5 To the maximum extent permitted by law, you must indemnify and keep us indemnified in full from and against any and all loss or damage (including legal costs on an indemnity basis) suffered by us arising out of, in connection with or relating to your use of the Service in breach of the Service Agreement including without limitation in respect of any loss or damage claimed against 3D Click and Print or any related entity by any third party (including any Subscribers Generally or Content Providers). The kinds of loss and damage that you must indemnify us from and against include loses suffered or incurred in defending or settling any dispute, legal action or other claim or demand (such as the payment of any fees, charges, taxes, levies, penalties or legal expenses).
8.1 You may cancel and close your Account at any time
8.2 In addition to any other rights that we may have, we may, without notice to you, cancel and close or suspend your Account, and prevent you from using the Service, for any of the following reasons:
8.3 You acknowledge and agree that 3D Click and Print may alter or suspend the Service from time to time for any reason or may cease providing the Service at any time without notice to you; in any such circumstances, we will have no liability to you.
8.4 If we sell the business operating the Service, these Terms will continue to bind you unless and until your Account is cancelled.
9.1 If you have a complaint or a dispute in relation to the Service or the Service Agreement (Service Dispute), you must notify us of the Service Dispute and you must allow us a reasonable opportunity to address the Service Dispute and/or to respond to you in that regard prior to taking any further actions, including commencing or threatening to commence any litigious claims, demands or legal actions, in relation to the Service Dispute.
9.2 If in using the Service you receive any information which is not intended for you or otherwise relates to, as one may reasonably infer, the business or internal affairs of 3D Click and Print of a confidential nature, you must not disclose that information to a third-party and must immediately notify us regarding the receipt of such information; further, upon request by us, you must forward the information to us and/or delete or remove such information that is in your possession or control.
9.3 Unless expressly stated by us, we are not affiliated or associated with, or sponsor or receive sponsorship from, any third-party service or service provider merely because the Service links or refers to the third-party service or service provider; further we shall not be taken to be endorsing, approving or supporting any statements or representations regarding the third-party service or service provider.
9.4 Notwithstanding any other matter in the Service Agreement, we may issue notices in relation to matters relating to the Service by any means we deem appropriate, including via the Service and/or Website, or by sending you emails to the email address that is associated with your Account.
9.5 You may not assign or transfer any rights or obligations under the Service Agreement, but we may, unless prohibited by law, freely assign or transfer our rights and obligations under the Service Agreement.
9.6 We are not to be deemed to have waived any rights that we may have under the Service Agreement which have accrued unless we have expressly agreed to waive those rights in writing and signed by us. Any waiver is only effective in the specific instance and for the purpose it is given.
9.7 These Terms constitute the full and complete agreement between us and you relating to the subject matter contained in these Terms and supersedes any and all previous agreements, understandings, negotiations and representations between the parties in respect of all matters dealt with in these terms.
9.8 If any term or condition in the Service Agreement is held to be illegal or unenforceable, in whole or in part, by a court, such term or provision shall be served and deemed not to form part of the Service Agreement, and the validity of the remainder terms and conditions shall not be affected.
9.9 The Service Agreement shall be construed in accordance with and governed by the laws of the New South Wales, Australia, the courts of which shall have jurisdiction in respect of any matters arising out of or in connection with the Service and the Service Agreement.