TERMS AND CONDITIONS OF TRADING
1. Application and Variation
Except as may otherwise be expressly agreed in writing and signed by any director of 33 Degrees Worldwide (hereinafter referred to as “the Company”): (i) the sole terms and content of any contract (the “Contract”) between the Company and the Customer, including details of all materials, goods, work, services, advice or any other thing to be provided by the Company and its suppliers (“Work”), shall (to the exclusion of any other conditions appearing on any other document of the Customer) consist of both these printed terms and conditions and the contents of the Order Form issued by the Company. Acceptance of these terms and conditions shall be deemed upon receipt of either the Order Form returned to it by the Customer (either an original or a fax transmission), properly signed and dated by or on behalf of the Customer (and not amended by it or on its behalf), or upon receipt of the deposit for the Order (whichever is the earliest) which shall be binding once received by the Company. (ii) the Contract shall apply to all requests by the Customer (“Order”) for any Work to be carried out gratuitously or otherwise (iii) the Contract will supersede all prior agreements, arrangements, and understandings between the parties in relation to the subject matter of any Order. (iv) In the event of any inconsistency between the Order and these printed terms and conditions, the Order shall take precedence.
2. Terms of Payment
(i) The Company reserves the right to vary its rates from time to time and in general prices for Work will be quoted individually (ii) All prices are stated exclusive of GST which will be chargeable in addition at the applicable rate current from time to time (iii) Unless the Company otherwise so advises, the Company shall be under no obligation to commence Work on the Order until a deposit of 50% of the GST-inclusive Order value is received in cleared funds by the Company and the deposit will be held on account of the Order value. Prices per Order is subject to change until payment for the Order is received in full. Additional charges may be invoiced at any time for Work additional to the Order or for variations to an Order. (iv) Payment of invoices submitted by the Company shall be payable by the 7th day from the date of invoicing unless otherwise noted. (v) The Company shall have the right to charge interest at the rate of 4 per cent per month above the Westpac Bank base rate for the time being on all sums overdue calculated from the last day on which payment should have been made, as stated on the invoice, to the date of payment, (subject to any written notification being received by the Company within seven days after the date of issue of the invoice concerned that such invoice is materially incorrect) and shall be entitled to recover all costs and expenses incurred in the recovery of such overdue accounts and which shall be due and payable on demand. For any sums overdue the Company (without prejudice to any other right or remedy available) may suspend provision of any part of the Order or any associated Work. (vi) Title in all Work (including any of the Customer’s goods, materials or other items with which any of the Company's Goods are intermixed) shall remain or vest in the Company (as the case may be) until payment in full has been received by the Company in accordance with these Terms and Conditions of Trading for the completed Work. (vii) In the case of new business, Orders may be submitted only on the condition that cash to the full GST inclusive value of the Order is received with Order Form. This condition will apply until a credit account has been established following receipt of two satisfactory trade references.
3. Cancellation of Orders
(i) Where the Customer cancels an Order for any reason, the Customer shall be liable for 15% of the Order value in addition to any non refundable costs incurred by the Company together referred to as a cancellation fee. (ii) Any such cancellation fee shall be deducted firstly from the Deposit held on account of the Order value, however if the value of the cancellation fee exceeds the value of the Deposit the Company will invoice the Customer for the difference and such invoice shall become payable immediately.
4. Time of Delivery
(i) Except as otherwise provided in this Clause, whilst the Company will use its reasonable endeavours to comply with any date/s given or requested for delivery, it shall constitute an estimate only, and any failure to deliver by such date/s shall not constitute a breach of contract. (ii) Where the Customer specifically requests that the agreed time in the Order Form is material, and work is carried out as quickly as possible, whether or not in priority to work for other Customers, the Company shall be entitled to levy an Urgency surcharge at the rate of a minimum of 25% (plus GST) of the quoted price (iii) A Schedule will be agreed by the Company and the Customer as a means of determining the production progress of Work, but failure by the Company to adhere to any dates or time periods agreed in such Schedule shall not be a breach of contract. Meeting any agreed delivery date will depend on supply by the Customer of items necessary for the Company to carry out Work by the agreed dates. Should any Work be delayed by the Customer this may affect any agreed delivery date of Work by the Company agreed in the Schedule and a new delivery date will be as proposed by the Company and agreed by the Customer.
(i) Unless dispatched at the specific request of the Customer by registered, express post, courier or the like shall be undertaken, the Company reserves the right to choose a convenient method of dispatch of Work. (ii) Packaging costs and the costs of postage or such method of dispatch as the Company shall adopt (whether or not at the request of the Customer) shall be separately charged on the invoice. (iii) Work is dispatched by, and to, the Customer at the sole risk of the Customer. The Customer shall note the possibility of effecting insurance cover for the risk of loss, damage or delay of Work in transit.
6. Approvals and Other Matters
(i) It is a condition of the Company being obliged to continue work that the Customer shall check, and when satisfied, approve in writing, each and all stages and aspects of Work including the use of images, logos, text, all other content, and design, and the Company shall be entitled to treat each stage and aspect of Work as accurate and satisfactory once so approved by the Customer. The Company will accept no liability for any error on the part of the Company or the Customer overlooked by the Customer, once a sample, proof or other item is so approved by the Customer (ii) The Company will undertake the sourcing and/or commissioning of images at the request of the Customer and it will be invoiced as a separate item. (iii) The Customer shall submit any final artwork relating to the Work to the Company for the Company’s approval prior to publication. (iv) The Customer shall make it a requirement of any promotion that any winners or other people for whom the Company will be booking travel or performing any management duties must sign the Company’s deed of release.
7. Copyright and Rights to Use Work Etc
8. Force Majeure
(i) The Company shall not be liable for any failure or delay in performance of any of its obligations due to any cause beyond the reasonable control of the Company (including any act or omission of the Customer)
(ii) Without prejudice to the generality of the foregoing, where any Work is to incorporate any item originating from any of the Company’s supplier/s, the Customer accepts that the Company will, as a precondition, need to receive approval from the supplier/s concerned. It shall have no liability for any delay or failure in by the supplier/s to give its approval provided that the Company uses reasonable endeavours to obtain such approval.
9. Indemnity to Company in Respect of Third Party Claims, Illegality Etc.
(i) By submitting any items for processing reproduction or printing or for inclusion in any Work, the Customer undertakes that such items shall comply with relevant Australian codes, legislation and regulations including the Trade Practices Act, and State Trade Promotions legislation, they shall not be of a defamatory nature, they shall not constitute a criminal offence (whether or not dispatched through the post), they shall not infringe any copyright, trade or service mark or other intellectual property or other rights of any third party, and that they shall not otherwise be unlawful, and the Customer agrees to take sole responsibility for the content of all such items forming part of any Work. (ii) The Customer agrees to indemnify the Company and to keep it indemnified from and against all fines proceedings damage losses claims demands costs and expenses incurred by the Company resulting from any breach of the undertaking at paragraph 8(i). (iii) The Company cannot reasonably undertake responsibility for the claims of unknown third parties which have no contractual relationship with it and the Customer must effect insurance in respect of any such claims independently
10. Limitation of liability
(i) All items supplied to the Company by or on behalf of the Customer shall be sent by it and held by the Company at the Customer's risk unless otherwise agreed in writing by the Company, and the Customer should insure accordingly. (ii) The Company shall have no responsibility for imperfect Work caused by defects in, or the unsuitability of, items supplied by the Customer. (iii) In relation to all Work, but subject to Paragraph 10(ii) above, the Company only assumes a duty to use reasonable care and skill. (iv) The Company will only undertake Urgent Work on condition that it shall not have any liability whatsoever for any loss damage cost or expense suffered as a result of any negligence on the part of the Company, its servants or its agents/suppliers in the execution of such Urgent Work. The Customer shall note the possibility of effecting insurance cover for the risks involved. (v) Except as expressly provided in this Agreement, all terms (express, or implied), conditions, warranties and representations (including any terms and conditions, or any variations to the Order, offered by the Customer) are excluded. The Customer agrees that it has not relied on any promise, warranty, agreement, representation, or any term not forming part of the Contract, including, without limitation, as to sales volume or turnover. (vi) To the full extent permitted by law the Company excludes all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) suffered or incurred, and in any event the Company’s liability shall be limited to replacing or repairing the goods, or re-supplying the services, or paying for the costs of re-supplying the services. The Customer shall not without the prior written consent of the Company assign or otherwise dispose of this Contract to any other party. The Contract will be governed by and construed in accordance with the laws of New South Wales. Any dispute which may arise between the parties concerning the Contract (other than in relation to the late or non payment of fees by the Customer) shall be firstly subject to mediation in accordance with the rules of the Australian Commercial Disputes Centre before either party may apply for the dispute to be determined by the Courts of New South Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of New South Wales for such purpose.
Direct Bank Payments
Branch: Westpac Bank Manly Corso
Account Name: 33 Degrees Worldwide Pty Ltd
Ref: Please use the invoice number as a reference
Please make cheque payable to: 33 Degrees Worldwide Pty Ltd
Send cheque to:
33 Degrees Worldwide
PO Box 317
BPay – Visa, Mastercard or Cheque/Savings Account
BPay payments can be made via Visa, Mastercard or cheque/savings account.
Visa or Mastercard payments attract a 1% service fee.
Our Biller Code is: 72371
Reference: Please contact
Please contact 33 Degrees on 1300 861 800 for further instructions on how to pay via this method.
American Express Payments
33 Degrees can accept payment by American Express. Please note there is a 4% service fee for this method which will be added to your total invoice. Please contact 33 Degrees on 1300 861 800 for further instructions on how to pay via American Express.
33 Degrees can accept payment via Paypal in special circumstances. Please contact 33 Degrees on 1300 861 800 for further details.
Information Collection and Use
33 Degrees Worldwide Pty Ltd is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
Copyright and Trademarks
All the material on this web site is subject to the copyright of 33 Degrees Worldwide Pty Ltd or its third party licensors. You must not reproduce any of the material contained on this web site except that you may download a copy of this web site to the local hard drive of the computer used to access the site; and print extracts of this web site, but only for your personal use. You are not permitted to copy any of the material on this web site or otherwise incorporate it into or store in any other web site, electronic retrieval system, publication or other work in any form; or provide a link to this web site from another web site without 33 Degrees Worldwide Pty Ltd's prior written consent.
Collection of information via web site activity
For statistical purposes we collect information on web site activity (such as the number of users who visit the web site, the date and time of visits, the number of pages viewed, what country and which web browser has been used to access the site and, when entering our web site from another web site, the address of that web site) through the use of 'cookies' and ‘Web Beacons’. This information on its own does not identify an individual but it does provide us with statistics that we can use to analyse and improve your experience on our web site in the future. Web Beacons may be refused when delivered via email by disabling HTML images via your email software.
If a visitor wishes to subscribe to our newsletters, we ask for contact information such as name and email address. By becoming a subscriber you consent to receive from us our email newsletter, any special offers or site update information that we think may be of interest to you. We will not share your information with any third parties other than for the purposes of administering the email newsletter.
Our members are given the opportunity to 'opt-out' of receiving emailed information or other correspondence, by simply emailing Julie@33degrees.com.au with the word "unsubscribe" in the subject line. To re-subscribe simply email Julie@33degrees.com.au and re-provide your details.
Notification of Changes
Website Terms and Conditions of Access
Terms of Access to the Website
This Website (referred to in these Terms of Access as the "Website") is owned and operated by 33 Degrees Worldwide Pty Ltd on the World Wide Web ("WWW"). The material on the Website is subject to the copyright of 33 Degrees Pty Ltd and/or its third party licensors.
The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these terms and conditions.
Use of material on the Website
1. You may not use the Website, or the material contained on it, for any purpose including without limitation:
a) the reproduction of the material in any material form;
b) the distribution of the material in any material form;
c) re-transmission of the material by any medium of communication;
d) uploading and/or reposting the material to any other site on the WWW; or
e) "framing" the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You may not modify or copy the layout of the Website and any computer software and code contained in the Web-site.
4. 33 Degrees Pty Ltd and its third party licensors reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be re-sold and/or re-distributed in any material form, stored in any storage media, and/or re-transmitted in any media without the prior written consent of 33 Degrees Pty Ltd.
Information on the Website
5. To the full extent permitted by law 33 Degrees Pty Ltd disclaims any and all warranties, express or implied, regard-ing the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
6. 33 Degrees Pty Ltd will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
Errors and Viruses
7. 33 Degrees Pty Ltd does not warrant guarantee or make any representation that:
a) the Website, or the server that makes the site available on the WWW are free of software viruses;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
c) errors and defects in the Website will be corrected.
8. 33 Degrees Pty Ltd is not liable to you for:
a) errors or omissions in the Website, or linked sites on the WWW;
b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of 33 Degrees Pty Ltd, its employees or independent contractors, or through any other cause.
9. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer soft-ware or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
10. Clauses 5, 6, 7, 8 and 9 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law 33 Degrees Pty Ltd's liability for any implied warranty or condition is limited, at the choice of 33 Degrees Pty Ltd, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
a) the supply of the services again; or
b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of such goods;
c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Termination and alteration of access
11. 33 Degrees Pty Ltd may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and 33 Degrees Pty Ltd has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
12. 33 Degrees Pty Ltd reserves the right to change these Terms of Access with or without further notice to you; and without giving you any explanation or justification for such change.
13. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
14. This Agreement will be governed by and interpreted in accordance with the law of New South Wales in Australia, without giving effect to any principles of conflicts of laws.
15. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agree-ment.