Website Terms of Use

INTRODUCTION WEBSITE

This website (Site) is operated by Courtney Colour Graphics (Vic) Pty Ltd trading as Popic (we, our or us).  It is available at: www.popic.com.au and may be available through other addresses or channels.

The term ‘Popic’ or ‘us’ or ‘our’ or ‘we’ refers to Courtney Colour Graphics (Vic) Pty Ltd trading as Popic, the owner of the website, whose registered office is 1-3 Edison Rd Dandenong South, Victoria. The term ‘you’ or ‘your’ refers to the website user.

  1. Consent: By accessing and/or using our Site, you agree to these Website terms of use, Terms and Conditions and our Privacy Policy (Terms) available on our Site. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
  2. Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. Materials and information(Content) on this Site are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
  3. Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Popic retains all rights, title and interest in and to the Site and all related Content. Nothing you do on or in relation to the Site will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design, intellectual property or copyright of Popic; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

3.1 Use of our Site: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. You may only use the Site to make legitimate requests to purchase the products or services offered and shall not use this Site to make any speculative, false or fraudulent requests. 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 and/ or with an invalid credit card. Fraudulent users may be prosecuted to the fullest extent permissible by law.

You acknowledge and agree that any automated use of the Site or its purchase services is prohibited.

  1. Prohibited conduct:You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) using our site in connection with illegal, fraudulent or harmful purpose or activity;

(d) interfering with any user using our Site;

(e) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(f) using our Site to send unsolicited email messages; or

(g) facilitating or assisting a third party to do any of the above acts.

  1. Social Media: The term ‘social media’ refers broadly to any online media which allows for user participation, interaction or publishing. Commonly used social media tools include but are not limited to, Instagram, Facebook, YouTube, Twitter.

Popic representatives will use social media as a form of communication with the general public however we have not reviewed and cannot review all Posts and we are not responsible for liability arising out of any public posts. No employee or agent is authorized to conclude any binding agreement on behalf of Courtney Colour Graphics (Vic) Pty Ltd with another party without express written confirmation by a Director. Any views or opinions presented on social media are solely those of the author and do not necessarily represent those of the company. Employees of the company are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right. Any such communication is contrary to company policy and outside the scope of the employment of the individual concerned. The company will not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising.

We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.

Popic makes certain assurances regarding our interaction with the public and each other, and these assurances also apply to interactions that occur on our various social media platforms. We expect the same assurances from our customers. You may interact and post on our Social Media subject to these clauses;

5.1 Intellectual Property Rights

You grant us a non-exclusive, transferable, royalty-free, worldwide licence to use any Intellectual Property in Posts or Electronic Communication, including rights to:

(a) Copy, reformat, edit or translate.

(b) Publicly perform or present.

(c) Distribute for any purpose including for commercial or advertising purpose; and

(d) Incorporate in our website and Social Media or any other works.

Intellectual Property Licence in relation to that material ends when you delete that Post, but you understand that even if you delete Posts, we may keep back-ups for a reasonable period.

5.2 Prohibited Posts 

You must not upload any Post that:

(a) is an image of another person or another person’s property without their consent;

(b) is harmful, threatening, abusive or harassing.

(c) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour

(d) is false, misleading or fraudulent.

(e) advertises any company or their goods or services other than us;

(f) Invades someone else’s privacy and rights.

5.3 Your warranty in post

(a) you have the right and authority to provide the Post in the manner it is posted;

(b) you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and

(c) the Content is not prohibited content under clause 6

  1. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business
  2. Non-commercial use:Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence or express written permission to do so from us.
  3. Your Account Use: To create an account with us you will need to provide your personal information and a unique password that meets our password requirements. By creating an account with Popic or communicating with us you agree that you are providing accurate and current information. You are also responsible for the information you provide and ensuring that it will be valid and kept up to date. We are not responsible for any errors or delays in responding to a request caused by an incorrect email address and/ or contact details provided by you or by any other technical issue beyond our control.

It is the account creator’s responsibility to maintain the confidentiality of your username and password, access to the Site and any use of the Site using the account credentials are solely your responsibility. You will not disclose your account information to any third party. If any unauthorized use of your account on the Popic site has occurred, you are responsible to notify Popic immediately. You must be at least 18 years of age (or 16 years of age with parental consent) with an active phone number and email address to create an account with Popic. Popic reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at our sole discretion.

  1. Use on behalf of Third Party: If you use this Site to submit requests for or on behalf of a third party you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the third party of all Terms applicable to all products and services acquired through this Site. Each user using this Site for or on behalf of a third party agrees to indemnify and hold Popic, including its respective officers, directors, employees, representatives or affiliates, harmless from and against any and all liabilities, losses, damages, suits and claims relating to the third party’s or the user’s failure to fulfil any of its obligations set out in our Terms. The user is directly responsible for any requests submitted, including related fees, charges, and performance obligations.
  2. Use of Cookies: This Site uses cookies to monitor browsing preferences. If you allow cookies to be used your personal information may be stored by us. Please refer to our Privacy Policy for details of how this information is used.
  3. Trademark:Popic is a registered Trademark. All content on our Website and Social Media is owned by or licensed to us and is protected under Australian and International copyright and trademark laws. You may only view, share and download content for caching purposes.
  4. Intellectual Property rights:Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) Reproduce or exploit any Content on our Website or Social Media for commercial purpose.

(c) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(d) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

(e) redistribute any Content from this Website and Social Media unless we have given expressed written consent.

  1. Goods: Product images displayed on the Site are for illustrative purposes only and may differ from the actual product. Due to differences in monitors and other viewing devices colours of products and designs may also appear different to those shown on the Site. Popic will display some products as a photo, these are for reference only and should also be considered illustrative. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty (unless otherwise specified) in relation to it, to the maximum extent permitted by law.
  2. Content:Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control. The Content is not comprehensive and is for general information purposes only.  It does not consider your specific needs, objectives, or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty (unless otherwise specified) in relation to it, to the maximum extent permitted by law.
  3. Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.   
  4. Discontinuance:We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
  5. Warranties and disclaimers: To the fullest extent permitted by law, in no event shall Popic, including its respective officers, directors, employees, representatives or affiliates, be liable for any injury, death, loss, claim, damage, accident, delay or any special, exemplary, punitive, incidental or consequential damages of any kind 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 any information, software, products or services obtained through this Site. This includes, but is not limited to, any loss or damage you might suffer because of any of the following:

(a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party control, or theft, destruction, alteration or unauthorised access to records

(b) The accuracy, suitability or currency of any information on the Site, the purchase service or any of its content, including any third-party material or advertisement on the Site;

(c) Costs incurred as a result of you using the Site or the purchase services.

(d) The content or operation in respect to links which are provided for the user’s convenience.

(e) Any failure to complete a transaction or any loss arising from e-commerce transacted on the Site;

(f) Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct; and

(g) Our Site to be constantly secure.

You read, use and act on our Site and the Content at your own risk.

  1. Limitation of liability:To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
  2. Indemnity:To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.     
  3. Termination:These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Popic may at any time terminate the terms with you if;

(a) You have breached any provision of the Terms or intend to breach any provision;

(b) Popic is required to do so by law;

(c) Popic is transitioning to no longer provide the purchase services and or Site access to users, ceases to provide the purchase services and or Site access to users or it is no longer commercially viable to provide the purchase services and or Site access.

  1. Disputes: In the event of any dispute arising from, or in connection with, these Terms(Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
  2. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
  3. Jurisdiction: Your use of our Site and these Terms are governed by the laws of the state of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the state of Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact Information
For any questions and notices, please contact us at: hello@popic.com.au
Courtney Colour Graphics (Vic) Pty Ltd trading as Popic
Mailing Address: 1-3 Edison Road, Dandenong South, Victoria 3175