Website Terms of Use

The Focus Prints website (“Website”) is owned and operated by KPK Associates Pty (ABN 35655816461).

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

To place an order on the Website, customers must be aged 18 or older.

1. Governing Law

Focus Prints controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Focus Prints agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. Focus Prints makes no representation that the Website is appropriate or available for use in all locations.

2. Grant of License

Focus Prints grants you a limited, non-exclusive license to view the material on this Website, access materials contained on the Website, and use the functionality of the Website in accordance with the Website Terms of Use published on the Website at the time you access the Website.

Focus Prints may revise its product prices at any time in its absolute discretion. However, this will not affect the price for products that have already been ordered by you and accepted by Focus Prints in accordance with the Website Terms and Conditions of Purchase.

3. Site Contents, Ownership, and Use Restrictions

The material on this Website is protected by all applicable laws, including copyright and trademark laws under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from, or links to, third-party websites, all rights (including copyright) in all content, other material, and compilations contained in, or used to create or support, the Website—including text, graphics, logos, button icons, video images, audio clips, and navigational and other software (collectively referred to as the “Contents”)—are owned or controlled and are reserved by Focus Prints and its related companies, affiliates, licensors, and licensees.

All right, title, and interest in all intellectual property rights in all of Focus Prints’ brands, logos, images, buttons, codes, layout, text, content, products, and services as displayed on the Website (the “Brand Features”) are the property of Focus Prints and will remain vested in Focus Prints at all times. Your use of the Website will not under any circumstances be taken to constitute a transfer, assignment, or grant of any ownership rights in any of the Brand Features or the Website. Focus Prints, on a case-by-case basis and to the extent required, grants you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website.

4. Information from and Advertising and Links to Third-Party Websites

The Website may contain hyperlinks and other pointers to internet websites operated by third parties. Such websites are not under the control of Focus Prints, and Focus Prints is not responsible for the contents of any such website. Focus Prints provides such hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Focus Prints. You rely on such websites or information contained on them entirely at your own risk.

You are referred to the relevant third-party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices, and the delivery of any goods or services you purchase on the third-party website. To the extent that such websites collect personal information or contributions from you, Focus Prints bears no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party’s privacy policy for information on how personal information is collected, used, and disclosed by that third party.

The Website may also utilize social network or share functionality and may contain social media links, applications, or features (including but not limited to Facebook, Twitter, and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications, or features on the Website. The Website is in no way sponsored, endorsed, or administered by, or associated with, any social media platform.

5. Prohibited Conduct

You are not authorized, without the prior written permission of Focus Prints, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Website.
No Focus Prints trademark (whether registered or otherwise) that is contained on this site or otherwise may be used without Focus Prints’ prior, specific, written permission.

You must not upload, post, transmit, or otherwise make available through this site any material which:

• Violates or infringes the rights of others (including their privacy and intellectual property rights);
• Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
• Restricts or inhibits any other user from using the site;
• Affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g., by transmitting a computer virus or other harmful component, whether or not knowingly);
• Breaches any standards, content requirements, or codes promulgated by any relevant authority, including authorities that require Focus Prints to take remedial action under any applicable industry code; or
• Solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs, or email addresses.

6. We Can Use Your Feedback

You grant Focus Prints an irrevocable, non-exclusive license to use any feedback and ideas that you transmit to the Website from the time you authorize it to be sent.

7. Indemnity

You agree to indemnify and will keep Focus Prints (and its related bodies corporate, personnel, servants, and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost, or liability (whether direct or indirect) made against or suffered by Focus Prints (or its related bodies corporate, personnel, servants, and agents) in connection with your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties, except to the extent caused or contributed to by Focus Prints or its related bodies corporate, personnel, servants, and agents.

8. General

Any costs associated with downloading, installing, accessing, and using the Website remain your responsibility and are dependent on the service provider used. Subject to any rights you may have under the Australian Consumer Law, you also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses, and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.

9. Disclaimer of Warranty

Focus Prints is providing the Website on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. Subject to any non-excludable rights you may have under the Australian Consumer Law, Focus Prints and its related companies, affiliates, licensors, or licensees, and their respective directors, officers, employees, or agents make no representation or warranty as to the accuracy, completeness, currency, or reliability of the information contained on the Website (including in relation to any products or services).

To the extent permitted by law, none of them will be liable or responsible in any way for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, Focus Prints expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability, or fitness for purpose in relation to your use of this Website.

For more information, please visit: https://focusprints.com.au/.

Creating an Account

You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an “Account”). Focus Prints reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Focus Prints is final, and no correspondence will be entered into.

All information provided when registering an Account must be current, correct, and complete. Incomplete, ineligible, or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You may never use another person’s Account without their permission.

You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Focus Prints of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Focus Prints when you desire to cancel your Account. Focus Prints will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.

Print and Copy Terms and Conditions

These terms and conditions apply to online and in-store orders for custom printed products (Products) (“Terms and Conditions”).

Focus Prints will itself, or in its discretion, through a third party, fulfill orders for Products in accordance with these Terms and Conditions.

These Terms and Conditions, together with the price, specifications, and delivery details stated in your order, form the terms on which you agree to purchase the Products.

1. Intellectual Property Rights
Focus Prints claims no ownership rights in any content submitted by you. The copyright owner continues to own all of the content submitted by you.

2. Order Acceptance
By placing an order for a Product (Order), you confirm that:

• You have checked all pages and previewed your Order.
• Your design fully meets your requirements, and you wish to proceed with your Order.
• You understand that once submitted, your Order cannot be altered or canceled.

Acting reasonably, Focus Prints reserves the right to accept or reject your Order in whole or in part for any reason.

For each Order placed, you must pay:

• The applicable price for your Order confirmed by Focus Prints.
• For online orders, the delivery and handling fee specified in your Order.

3. Your Content
You are solely responsible for all content submitted or uploaded by you (“Content”).

By placing an Order, you grant Focus Prints a worldwide, non-exclusive, transferable right (including the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Content solely for the purpose of providing the Product/s to you.

You warrant that you are either the owner of the copyright or have a license from the copyright owner to reproduce your Content in your Product/s.

4. Prohibited Conduct
You must not provide us with any material that:

• Violates or infringes the rights of others (including their privacy and intellectual property rights).
• Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, or profane, or which may harass or incite hatred of any person.

Focus Prints reserves the right not to produce any item that:

• It reasonably believes may contravene Australian law, regulation, or industry code.
• Contains explicit or sexual imagery.
• Is invasive of privacy.
• It reasonably believes is vulgar, obscene, or may harass or cause distress to any person.

Any violations of laws, including those relating to child pornography or abuse, will be reported to law enforcement authorities.

5. Liability
Focus Prints will exercise reasonable care in handling any original documents or USBs provided. However, we cannot guarantee that documents may not be corrupted or lost. Please ensure that you make and keep backups of any files before providing them to us.

You agree to indemnify and keep Focus Prints indemnified against any claim, demand, injury, damage, loss, expense, or liability (whether direct or indirect) made against or suffered by Focus Prints in connection with your Content or Order. However, your liability will be reduced proportionally to the extent that Focus Prints contributed to any such claim or loss.

For products not ordinarily acquired for personal or household use, and to the fullest extent permitted by law, Focus Prints’ liability shall be limited, at its option, to:

• The replacement of your Product or the supply of an equivalent Product.
• The payment of the cost of replacing your Product or of supplying an equivalent Product.
• Refunding the amount of your order.

6. Delivery Time
Focus Prints will produce and deliver your Product as soon as possible to your nominated address or store in accordance with our Delivery Policy.

For in-store orders, you must collect originals and all copies of materials within fourteen (14) days of the specified collection date. If after fourteen (14) days Focus Prints is unable to contact you, it may either:

• Store or deliver them to your address at your cost, or
• Destroy all copies and USBs provided.

For online orders, if delivery cannot be made to your nominated address, the courier may leave the parcel in a safe place or provide an attempted delivery notification.

7. Rights We Cannot Exclude
These Terms do not exclude or limit any rights, including those under the Australian Consumer Law, that may not be excluded by law.

8. Complaints
If you have any complaints about the Product, please contact us here.

9. Privacy
When placing an Order, you will be asked for personal information such as your name, email address, mailing address, delivery address, and phone number. Focus Prints will use this information to process your Order and provide updates.

Focus Prints may share your information with third-party printers or delivery providers solely to fulfill your Order.

For more information, please refer to Focus Prints’ Privacy Policy here.