Terms of service

OVERVIEW

Welcome to Polar Displays and Print. In these Terms of Service, “we”, “us” and “our” refer to Polar Displays and Print.

Polar Displays and Print operates this website and online store, including all related information, content, features, tools, products and services, to provide our customers with information about and access to our products and services (the “Services”). Our website is hosted by Shopify, which provides the technology that enables us to operate the Services.

These Terms of Service, together with any policies or additional terms referred to in them (collectively, the “Terms”), set out the terms and conditions that apply when you access or use our Services and purchase products from us.

Please read these Terms carefully before using our Services. They contain important information about your rights and obligations, including provisions relating to product warranties, liability and other matters that may affect you.

By accessing, browsing or using our Services, or by placing an order through our website, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.


SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are legally able to enter into a binding agreement with us. If you are using our Services on behalf of a business or organisation, you confirm that you have the authority to act on behalf of that business or organisation and to accept these Terms on its behalf.

To use certain features of our Services, including creating an account, placing an order or purchasing our products or services, you may be required to provide information such as your name, business details, email address, billing, payment and delivery information.

You agree that all information you provide to us is accurate, current and complete, and that you will update your information when necessary to ensure it remains accurate and current.

You are responsible for maintaining the confidentiality and security of any account login details or passwords associated with your account and for all activity carried out through your account. You must notify us promptly if you believe that your account or login details have been accessed or used without your permission.

You must not transfer, sell, assign or otherwise allow another person to use your account without our prior written consent.


SECTION 2 - OUR PRODUCTS

We make every reasonable effort to ensure that the information, descriptions, images and representations of our products and services on our website are accurate and up to date.

However, colours, finishes, textures and other aspects of a product may appear differently on your screen depending on your device, display settings and other technical factors. Product images are provided as a general representation and may not always accurately reflect the exact colour or appearance of the physical product.

Where products are custom printed, manufactured or otherwise made to order, there may be minor variations in colour, finish, dimensions or appearance between the product displayed on our website, proofs or digital images and the finished product.

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies you may have under the Australian Consumer Law or any other applicable law.

Product descriptions, specifications, images, pricing and availability may be changed or updated from time to time without notice. We reserve the right to discontinue products or services at any time and, where reasonably necessary, to limit the quantity of products or services available for purchase.


SECTION 3 - ORDERS

When you place an order through our website, you are making an offer to purchase the products or services selected by you in accordance with these Terms.

We reserve the right to accept or decline an order where reasonably necessary, including where a product is unavailable, there is an error in the product description or pricing, we are unable to fulfil the order, or we reasonably suspect fraudulent or unauthorised activity.

Your order will be accepted when we confirm your order or otherwise notify you that we have accepted it. We may require payment, or confirmation of payment arrangements, before an order is accepted or work commences.

Please review your order carefully before submitting it, including product selections, quantities, specifications, delivery details and any information or artwork you have provided. Once an order has been accepted, we may not be able to accommodate cancellation or changes, particularly for custom-made, personalised, printed or made-to-order products.

If we are unable to accept, fulfil, amend or subsequently cancel an order, we will contact you using the contact details provided when the order was placed and, where appropriate, refund any payment received for products or services that we are unable to supply.

Any returns, refunds, cancellations or exchanges are subject to our Refund Policy [LINK] and your rights under the Australian Consumer Law and any other applicable law.

Nothing in these Terms or our Refund Policy is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified.


SECTION 4 - PRICES AND BILLING

All prices displayed on our website are in Australian dollars (AUD) and include GST where applicable. The price displayed at the time you place your order is the price applicable to that order, subject to any obvious error in pricing.

Shipping, delivery, handling or other applicable charges will be displayed separately where applicable before you complete your order.

Prices, discounts and promotions may change from time to time without notice. Prices displayed on our website may differ from prices offered through other sales channels, physical locations or third-party retailers or distributors.

We may offer promotions from time to time that are subject to additional terms and conditions. If there is any inconsistency between the terms of a specific promotion and these Terms, the terms of the promotion will apply to the extent of that inconsistency.

You agree to provide accurate, current and complete information when placing an order or creating an account, including your contact, billing, delivery and payment information. You are responsible for keeping this information up to date so that we can process your orders and contact you when necessary.

When making a purchase, you confirm that you are authorised to use the payment method provided and agree to pay all amounts properly due for your order, including the applicable product price and any applicable delivery or other charges.

We may correct obvious errors in pricing, product descriptions or other information displayed on our website. If an order has been placed based on an obvious error and we are unable to fulfil the order at the incorrect price, we will contact you before proceeding and, where appropriate, provide you with the option to cancel the affected order and receive a refund of any amount already paid.


SECTION 5 - SHIPPING AND DELIVERY

We will arrange delivery of products to the delivery address provided when you place your order. Available delivery options, delivery charges and any estimated delivery timeframes will be displayed at checkout or otherwise communicated to you before your order is completed.

Any delivery timeframes provided by us are estimates only and may be affected by circumstances outside our reasonable control, including delays caused by freight carriers, transport disruptions, weather, natural disasters, industrial action or other unforeseen events.

We will make reasonable efforts to ensure that your order is dispatched within the timeframe communicated to you. However, we are not responsible for delays caused by circumstances outside our reasonable control or by the actions or omissions of third-party freight or delivery providers.

You are responsible for providing accurate and complete delivery information and for ensuring that someone is available to receive the delivery where required. Additional costs resulting from incorrect or incomplete delivery information, or from circumstances within your control, may be charged to you.

Where products are damaged, lost or not delivered, please contact us as soon as reasonably possible so that we can investigate the matter with the relevant delivery provider and assist you in resolving the issue.

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies you may have under the Australian Consumer Law or any other applicable law.


SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Polar Displays and Print, its affiliates or licensors, and are protected by Australian and applicable international intellectual property laws.

These Terms permit you to access and use the Services for your personal or business purposes in connection with your legitimate use of our Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except where permitted by law.

Except as expressly provided in these Terms, nothing in these Terms grants or shall be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property rights of Polar Displays and Print, Shopify or any third party. Unauthorised use of the Services or their content may constitute a breach of Australian intellectual property laws. All rights not expressly granted under these Terms are reserved by Polar Displays and Print.

The Polar Displays and Print name, logo, product and service names, designs and slogans are trademarks or other intellectual property of Polar Displays and Print or its affiliates or licensors. You must not use these trademarks or other intellectual property without the prior written permission of Polar Displays and Print, except where permitted by law.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the property of their respective owners.


SECTION 7 - OPTIONAL TOOLS

From time to time, we may provide access to tools, applications, features or services provided by third parties as part of or in connection with our Services.

These third-party tools are provided by their respective providers, and we do not control, operate or necessarily endorse them. Your use of any third-party tool is subject to the terms and conditions and privacy policies of the relevant third-party provider.

Where we provide access to a third-party tool, we do so for your convenience and, to the extent permitted by law, are not responsible for the availability, functionality, accuracy, security or performance of that third-party tool or for any loss arising from your use of it.

You should review the terms and conditions of any third-party provider before using its tools or services.

We may introduce new features, tools, services or resources through our website from time to time. Any new features, tools, services or resources will form part of the Services and will be subject to these Terms unless otherwise stated.


SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites, applications or other resources operated or provided by third parties. These links are provided for your convenience and do not necessarily constitute an endorsement or recommendation by Polar Displays and Print.

We do not control third-party websites or resources and are not responsible for their content, accuracy, availability, security, privacy practices, products or services. If you choose to access a third-party website or resource through a link on our website, you do so at your own discretion and should review the relevant third party’s terms and privacy policies before using their services or providing personal information.

Any transactions, purchases or dealings you have with a third party are solely between you and that third party. Any questions, complaints or claims relating to third-party products, services or content should be directed to the relevant third-party provider.

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

Polar Displays and Print is powered by Shopify, which provides the technology and platform that enables us to operate our website and online store.

However, all sales and purchases made through our website are transactions directly between you and Polar Displays and Print. Shopify is not the seller of our products or services and is not responsible for the products or services we supply, the fulfilment of your order, or any other aspect of the transaction between you and Polar Displays and Print.

To the extent permitted by law, you agree that Shopify and its affiliates are not responsible for any claims, loss, damage or liability arising from or relating to products or services purchased from Polar Displays and Print or transactions between you and Polar Displays and Print.


SECTION 10 - PRIVACY POLICY

Any personal information we collect through our Services is handled in accordance with our Privacy Policy [LINK].

As our website and online store are powered by Shopify, Shopify may collect and process certain information in connection with your use of our website and online store. We may also use other third-party service providers to help us operate our business, process orders and payments, provide delivery and other services, and improve our Services.

Some of these service providers, including Shopify, may process or store information outside Australia. The collection, use, storage and disclosure of your personal information is subject to our Privacy Policy and, where applicable, the privacy policies of the relevant third-party providers.

By using our Services, you acknowledge that you have had the opportunity to review our Privacy Policy.


SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise provide us with feedback, reviews, suggestions, ideas, comments or other content about our products or Services (“Feedback”), you give us permission to use, reproduce, publish and display that Feedback for the purposes of operating, improving and promoting our business and Services.

You confirm that you have the right to provide the Feedback and that doing so does not infringe the rights of any other person or breach any applicable law.

You must not submit Feedback that is unlawful, misleading, defamatory, threatening, abusive, obscene, discriminatory, or that infringes another person’s intellectual property, privacy or other rights.

We may, at our discretion, decline to publish, edit or remove Feedback that we consider inappropriate, unlawful, misleading or otherwise inconsistent with these Terms.

We are not required to publish or respond to Feedback and do not provide payment or other compensation for Feedback unless we have expressly agreed to do so.

You remain responsible for the Feedback you provide and for ensuring that it is accurate and lawful.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We make reasonable efforts to ensure that the information on our website is accurate and up to date. However, from time to time, our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, availability, delivery charges or other information.

We reserve the right to correct or update information on our website when an error or omission is identified.

If an error or omission affects an order you have placed, we will contact you as soon as reasonably practicable and, where appropriate, provide you with the option to cancel the affected order and receive a refund of any amount already paid for products or services that we are unable to supply as a result of the error.

We are not required to honour an order where it is based on an obvious error, including an obviously incorrect price or product description.

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.


SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes and in accordance with these Terms.

You must not use our Services:

  • for any unlawful, fraudulent, malicious or unauthorised purpose;
  • to breach any applicable law or regulation;
  • to infringe or violate our intellectual property rights or the rights of any other person;
  • to harass, threaten, abuse, defame or harm our employees, representatives, customers or any other person;
  • to provide false, misleading or fraudulent information;
  • to impersonate another person or business;
  • to transmit or introduce viruses, malware or other harmful code;
  • to interfere with, disrupt or attempt to gain unauthorised access to our website, systems, accounts or security measures;
  • to use automated systems, bots, scraping tools or similar methods to collect or extract website content or data without our prior written consent;
  • to collect, use or attempt to obtain another person’s personal information without their consent or lawful authority;
  • to send spam, phishing messages or other unauthorised communications through or in connection with our Services;
  • to copy, reproduce, resell or commercially exploit our website, content or Services except as expressly permitted by us; or
  • in any way that could damage, disable, overburden or impair the operation of our Services or interfere with another person's use of them.

We reserve the right to restrict, suspend or terminate access to our Services or an account where we reasonably believe that these Terms have been breached or that the Services are being used in a way that may cause harm to Polar Displays and Print, our customers or our systems.

Nothing in these Terms limits any rights or remedies available to us under applicable law.


SECTION 14 - TERMINATION

We may suspend or terminate your access to our Services or your account where we reasonably believe that you have breached these Terms, used our Services unlawfully or fraudulently, or otherwise used our Services in a way that may harm Polar Displays and Print, our customers or our systems.

Where reasonably practicable, we will provide you with notice before suspending or terminating access. However, we may act without notice where necessary to protect our website, systems, business or other users, or where required by law.

Termination or suspension does not affect any rights or obligations that arose before the date of termination. You remain responsible for any amounts properly owing to us for products or services supplied or orders placed before termination.

Any provisions of these Terms that by their nature are intended to continue after termination will remain in effect, including provisions relating to intellectual property, Feedback, payment obligations, limitations of liability, privacy, governing law and dispute resolution.


SECTION 15 - WEBSITE INFORMATION AND AVAILABILITY

We make reasonable efforts to ensure that the information provided through our Services is accurate and up to date. However, our website may occasionally contain errors, omissions or information that is not completely current.

Information provided on our website is intended to assist you in making purchasing decisions, but you should contact us if you require specific information about a product, specification, suitability or availability before placing an order.

We do not guarantee that our website or Services will always be available, uninterrupted, secure or free from errors, or that information provided through the website will always be complete or current. We may need to suspend, restrict or modify access to our website from time to time for maintenance, updates, technical issues or other reasons.

Nothing in these Terms limits, excludes or modifies any consumer guarantees, rights or remedies that apply to our products or services under the Australian Consumer Law or any other applicable law.


SECTION 16 - LIMITATION OF LIABILITY

To the extent permitted by law, Polar Displays and Print will not be liable for any indirect, incidental, special or consequential loss arising from or in connection with your use of our Services, including loss of profits, revenue, business opportunities, anticipated savings or data.

We are also not responsible for loss or damage arising from circumstances outside our reasonable control, including interruptions to third-party services, website or system failures, telecommunications or internet outages, or delays caused by third-party providers.

To the extent permitted by law, our liability arising from or relating to your use of our Services will be limited to the amount you paid to us for the particular product or service giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.


SECTION 17 - INDEMNIFICATION

You agree to indemnify Polar Displays and Print against any reasonable loss, damage, liability, cost or expense we incur as a direct result of:

  • your material breach of these Terms;
  • your unlawful, fraudulent or negligent use of our Services;
  • your infringement of another person’s intellectual property, privacy or other legal rights; or
  • any claim arising from content, artwork, information or other material that you provide to us where you did not have the right or authority to provide or use that material.

This indemnity does not apply to the extent that the loss, damage, liability, cost or expense was caused or contributed to by Polar Displays and Print or arises from our own breach of these Terms or applicable law.

Where we become aware of a claim for which we reasonably believe you may be required to indemnify us, we will notify you where reasonably practicable and may require your reasonable cooperation in responding to that claim.

Nothing in this section requires you to indemnify us for any liability that cannot lawfully be passed on to you.


SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down or modified to the extent necessary to make it lawful, valid and enforceable where possible.

If it cannot be made enforceable, the affected provision will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.


SECTION 19 - WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right or provision under these Terms, this does not mean that we have waived that right or provision. A waiver will only be effective if we expressly confirm it in writing.

These Terms, together with our Privacy Policy, Refund Policy and any other policies or additional terms expressly referred to in these Terms, form the agreement between you and Polar Displays and Print in relation to your use of our Services and supersede any previous terms or agreements relating to those Services, except where otherwise agreed in writing.

These Terms should be read together with any specific terms that apply to a particular product, service, promotion or order. If there is an inconsistency between these Terms and specific terms that we have agreed with you in writing, the specific terms will apply to the extent of that inconsistency.


SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms to another person without our prior written consent.

We may transfer or assign our rights and obligations under these Terms as part of a restructure, sale or transfer of our business, or where otherwise reasonably necessary, without requiring your consent.


SECTION 21 - GOVERNING LAW

These Terms and any separate agreement under which we provide products or services to you are governed by the laws of South Australia and the applicable laws of Australia.

You agree that the courts of South Australia will have jurisdiction in relation to any dispute arising from or in connection with these Terms, subject to any rights you may have under applicable law.


SECTION 22 - HEADINGS 

The headings used in these Terms are included for convenience only and do not affect the meaning or interpretation of any provision.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can view the current version of these Terms of Service on our website.

We may update or change these Terms from time to time to reflect changes to our business, products, Services, technology, legal requirements or other circumstances. Any updated Terms will be posted on our website with the date they were last updated.

Where we make a material change that affects your rights or obligations, we will take reasonable steps to provide notice where required by law. Any changes will take effect from the date specified in the updated Terms or notice.

Your continued use of our Services after the updated Terms take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

Changes to these Terms will not affect orders or agreements already accepted by us unless the change is required by law or otherwise agreed with you.


SECTION 24 - CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

Polar Displays and Print
Email: sales@polardisplaysandprint.com.au
Address: 334 Richmond Road, Netley SA 5037
Phone: 08 8443 5123
ABN: 70 773 078 179