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TERMS AND CONDITIONS

3DMIKA PTY LTD (ABN 17609419132) (referred to as 3DMika) provides a booking platform, searchable directory of sellers and their goods and related services, social network and introductory service between buyers who would like to purchase 3D technology related goods and services (Buyers) and sellers who are able to provide such goods or services (Sellers) (collectively, the Services). The Services are available on the 3DMika website at www.3dmika.com (Site).

 

1. Acceptance of Terms

(a) These Terms and Conditions (Terms) form a binding legal agreement between 3DMika, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to Buyers and Sellers (collectively referred to as Users, each a User). By accessing or using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read these Terms carefully. If there are any questions, the User is encouraged to contact 3DMika using the contact details at the end of these Terms.

(b) Each User’s access or use of the Site and the Services indicates that:

(i) the User has had sufficient opportunity to access the Terms and contact 3DMika;

(ii) the User has read, accepted and will comply with the Terms;

(iii) the User has legal capacity to enter into a contract for sale; and

(iv) the User is 18 years or older.

If this is not correct, or if the User does not agree to these Terms, the User should not click to accept these Terms or use the Site and Services.

(c) These Terms may be amended from time to time, with or without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. 3DMika recommends that each User check the current Terms, before continuing use of the Services. 3DMika’s agents, employees and third parties do not have authority to change the Terms.

(d) These Terms supplement and incorporate:

(i) the ‘Additional Terms and Conditions for Sellers’ set out below;

(ii) the 3DMika policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy and product listing guidelines posted on the Site; and

(iii) the PayPal Terms of Service including, without limitation, the User Agreement.

(e) 3DMika’s Privacy Policy sets out how 3DMika collects, uses and protects the personal information of its Users. 3DMika’s Website Terms of Use govern how users use the Site.

 

2. Introductory Service Only

(a) The Site and the Services provide a booking platform, searchable directory of Sellers and their goods and related services, social network and an online introductory service for Buyers and Sellers.

(b) A User must register on the Site and create an account (Account) to access all Services and features on the Site. Creating an Account will also generate a basic profile of that User identifying their username (Profile). Users can update their Profile with additional information as requested on the Site.

(c) Sellers with an Account may create listings (Listing) on the Site to advertise the sale of 3D technology related products including but not limited to any 3D-printed goods manufactured by the Seller (3D Products) and the availability of any related services (3D Services). 3D Services include the creation of materials for Buyers (Materials) and may be supplied in various electronic formats for download by the Buyer.

(d) A Buyer will be able to book and pay for 3D Services including Materials and/or order and pay for 3D Products through the Site. When a User orders a 3D Product and/or books a 3D Service (Booking), they accept any terms and conditions set out in the relevant Listing. 3DMika has no control over the terms and conditions set by Sellers.

(e) In order to produce the 3D Services or Materials as part of a Booking, a Buyer may contact the Seller to request an appointment for a Seller (including their employees and contractors) to visit an agreed location (Appointments). Appointments may vary in length and cover a range of purposes as agreed between the Buyer and Seller.

(f) It is the responsibility of the Buyer to review and proof the Materials and/or Creative Products they order. Please note your order will provide a summary of the Materials and/or Creative Products ordered and may not contain specific details including size and type of material used. Once the order for Materials and/or Creative Products have been confirmed by the Buyer, the Buyer must complete the checkout process and pay the Seller Fees upfront. Please review your order and proof the Materials and/or Creative Products carefully and correct any errors before paying the Seller Fees. 3DMika does not proof any Materials or 3D Products ordered by Users.

(g) A User can browse and view Listings, Profiles, the Site including a news page about the latest 3D technologies (3DNews) as an unregistered user of the Site and Services. A User must register on the Site and create an Account to access some Services and features on the Site, including making a Listing, making a Booking, requesting an Appointment or commenting on a 3DNews article or the 3DMika forum.

(h) Only Sellers with an Account can create Listings. Only Buyers with an Account can purchase 3D Products or request 3D Services, make a Booking or request an Appointment.

(i) Each User understands and agrees that the Site is an online introductory platform only, and that 3DMika’s responsibilities are limited to facilitating the availability of the Site and the Services.

(j) 3DMika is not a party to any agreement entered into between a Buyer and a Seller. 3DMika is not a referrer or booking agent, and provides no such related services. 3DMika has no control over the conduct of Buyers, Sellers and any other users of the Site and the Services. 3DMika disclaims all liability in this regard, as set out in these Terms.

(k) Any arrangement between a Buyer and a Seller such as legal title to Materials and 3D Products (including any Intellectual Property rights) and licences to use of Materials is solely between the Buyer and Seller. It is strictly and expressly not part of the User’s agreement with 3DMika. 3DMika does not offer, endorse, recommend or make any warranty in respect of any 3D Products or 3D Services available on the Site.

 

3. Online Registration

(a) Each User may only have one (1) Account on the Site including a Profile.

(b) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a password. 3DMika will automatically generate a username using the email address supplied by the User. Users are not permitted to select their Account username. Users may log in using their email address or Account username.

(c) Users with an Account must create a page designated as their store. Each User is required to select a store name, which will be used to generate the store’s URL. Users should select their store name carefully. Although Users can change the store name which appears on their Profile and store page, Users’ store URL cannot be changed once it is created.

(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 3DMika reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to 3DMika proves to be inaccurate, not current or incomplete.

(e) To keep information secure and confidential, Users will be requested by 3DMika to change their passwords at regular intervals (at least every 90 days). 3DMika will endeavour to notify Users when they are required to change their password. It is the User’s responsibility to ensure that their password is changed regularly (at least every 90 days).

(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

(g) The User will immediately notify 3DMika of any unauthorised use of its Account.

 

4. Users and User Profiles

(a) Users can access the Site to search for and communicate with Sellers and seek to procure 3D Products or 3D Services.

(b) Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. 3DMika does not provide a User with and cannot guarantee that other Users have genuine intentions.

(c) Users can access the Site to communicate with other Users and obtain or provide 3D Services and/or 3D Products.

(d) If a Buyer contacts a Seller and requests 3D Services and/or 3D Products, any agreement entered into is between the Buyer and Seller. 3DMika is not a party to the agreement.

(e) Each User should report to 3DMika, any activities or requests of Users which are, or which the User reasonably believes to be:

i. suspicious;

ii. inconsistent;

iii. illegal; or

iv. likely to have a negative effect on the reputation of 3DMika, the Site, Services and/or a User.

(f) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.

(g) Each User represents and warrants that any content that it provides and Profile and Listing that it posts:

i. will not breach any agreements it has entered into with any third parties;

ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and

iii. will not conflict with the rights of third parties.

(h) For the avoidance of doubt, 3DMika assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

(i) 3DMika reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that 3DMika, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

 

5. Ratings and Reviews

(a) Users may rate a Listing (Rating), which determines the popularity of individual Listings. Users may also provide feedback to Sellers regarding 3D Products or 3D Services purchased by that Buyer (Review). Subject to Seller’s discretions, not all Listings may be available for Rating or Review.

(b) Ratings and Reviews of a Seller can be viewed by any User. The average of a Seller’s combined Listing Ratings will remain viewable on a Seller’s Profile until the relevant Seller’s Listing is removed or the Seller’s Account is terminated. Reviews will remain viewable on the Seller’s Profile until the relevant Seller’s Account or Profile is removed or terminated. A Seller must disable the Rating function on all Listings to prevent Users from viewing the average of a Seller’s Rating on the Seller’s Profile.

(c) Each Buyer must provide true, fair and accurate information in their Review.

(d) If, in 3DMika’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, 3DMika may delete the Review or ban the Buyer from posting the Review. 3DMika does not undertake to review each Review made by a Buyer.

(e) To the fullest extent permitted by law, 3DMika is not responsible for the content of any Reviews.

 

6. Forums

(a) The Site has a forum on which Users are able to communicate.

(b) 3DMika asks Users to limit their discussions to topics which are relevant to 3DMika’s Site and Services such as latest news about 3D technologies.

(c) 3DMika reserves the right to remove any posts by Users which 3DMika, at its sole discretion, deems to be inappropriate.

(d) Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.

 

7. Delivery of 3D Products and Materials

(a) The Seller is to arrange delivery of any 3D Product and/or Materials to the Buyer. The Seller may, as part of their 3D Service, produce Materials to be delivered electronically to the Buyer’s Account via the Site. Subject to making the Materials available for electronic delivery on the Site, 3DMika is not involved in the delivery process.

(b) A Buyer is required to refer to delivery information provided by the Seller in the relevant Listing or contact the Seller directly to confirm (i) that the Buyer are within the delivery area, (ii) the applicable delivery fees, (iii) when the 3D Product is likely to be dispatched, (iv) the method of delivery, (v) when risk of loss, damage or deterioration to any 3D Product will pass to the Buyer and (vi) what to do if a 3D Product is delayed, damaged or goes missing in the delivery process.

 

8. Payments

(a) There are currently no registration or Listing fees payable by Users for use of the Site.

(b) Whilst Buyers do not need to pay a fee for the Services, they acknowledge and agree that the use of the Services may result in charges to them of the Seller Fees. Buyers must pay the total Seller Fees upfront at the time of order.

(c) Currently, any currency and fees referred to on the Site including Seller Fees are charged in US Dollars.

(d) Duties, taxes and tariffs will be charged where applicable.

(e) Sellers must pay the total Seller Fees upfront at the time of Booking.

(f) The User may pay for the Services by PayPal or other payment options via the checkout system set out on the Site. The payment will be processed upon receipt of an order for 3D Services and/or 3D Products. The User’s order will be cancelled if payment is not received within 3 days. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for an order may be cancelled.

(g) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and each User agrees to satisfy all such payments made.

(h) At the point of order and upon payment of the Seller Fees via PayPal and validation of payment, 3DMika will provide the Buyer with order details, which may include an order number and a description of the 3D Good or 3D Service ordered.

(i) Each Buyer acknowledges that 3Dmika facilitates the provision of 3D Products and/or 3D Services and does not offer 3D Products or 3D Services to the Buyer. Each Buyer also acknowledges that 3DMika receives sale processing fee from a Seller where that Seller is engaged to provide 3D Services and/or 3D Products to a Buyer. Since 3DMika is only a facilitator in introducing payment, subject to the cancellation and refund policy below, the Buyer must resolve any issues regarding refunds of Seller Fees with the relevant Seller themselves.

(j) 3DMika may set off any money due for payment by the User to 3DMika, including any money in any currency held by 3DMika for the account of a User in any place, against any money due for payment by 3DMika to such User.

(k) Nothing prevents 3DMika from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds 3DMika’s payment terms and as a result are passed on for collection and or legal action, 3DMika may place a default against the User with a credit reporting agency.

(l) 3DMika’s pricing structure or payment methods may be amended from time to time at its sole discretion. 3DMika will use all reasonable efforts to give users up to 14 days’ notice.

 

9. Offers and Promotions

(a) 3DMika may, from time to time, make offers or promotions which may be applicable to the Services.

(b) The conditions of such offers or promotions will be specified on the Site.

(c) The User acknowledges and agrees that 3DMika may, at its sole discretion, remove or extend any offers or promotions, and 3DMika will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

 

10. Dispute Resolution

(a) By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Buyer, Seller, or other third party, will be limited to a claim against the Buyer, Seller or other third party, who caused harm to him or her. 3DMika encourages Users to communicate directly with the relevant Buyer, Seller or third party to resolve any disputes.

(b) 3DMika welcomes feedback from its Users. 3DMika seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.

(c) If there are any complaints from a User, 3DMika will endeavour to respond and provide a suitable solution within 48 hours following the dispute resolution procedure set out on the Site. If a User is not satisfied with3DMika’s response, the User and 3DMika agree to the following dispute resolution procedure:

(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and 3DMika agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or 3DMika may refer the matter to a mediator. If the User 3DMika cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales, Australia to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

 

11. Account Cancellation

(a) If a User wishes to cancel its registration, it will need to do so by writing by submitting a cancellation request through our contact page as set out on the Site. 3DMika may at its discretion reject an Account cancellation request for reasons including but not limited to whether there are any outstanding orders or whether a Seller has not fulfilled any obligation to 3DMika or a Buyer.

 

12. Refund Policy

(a) Any cancellation (including a cancellation of Booking or Appointment), exchange or refund of a 3D Product and/or 3D Service is strictly a matter between the Buyer and the Seller. The terms and conditions agreed to between the Buyer and Seller should be set out clearly in the Listing in respect of the 3D Product or 3D Service.

 

13. Consumer Guarantees

(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from 3DMika: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

 

14. Intellectual Property

(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to 3DMika (or its affiliates and/or third party licensors as applicable).

(b) The User agrees that, as between the User and 3DMika, 3DMika owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by 3DMika or the owner of the content.

(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d) 3DMika’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of 3DMika or the applicable trademark holder or Intellectual Property owner.

(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of 3DMika or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

 

15. User Licence

(a) Subject to these Terms, 3DMika grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer, tablet, smartwatches, mobile, phone, console or other device (Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without 3DMika’s prior written consent.

(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

 

16. Permitted and Prohibited Conduct

(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

(i) offer to sell or provide any goods or services that is not 3D technology related or is a prohibited product as set out on the Site;

(ii) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

(iii) register for more than one Account, register for an Account on behalf of another individual and/or entity or transfer your Account to another individual and/or entity;

(iv) use the Services to find a Seller and then complete, or assist another individual to complete, an order or transaction independent of the Services in order to circumvent the obligation to pay any fees related to 3DMika’s provision of the Services;

(v) post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;

(vi) submit any false or misleading information;

(vii) as a Seller, offer any 3D Services or 3D Products that it does not intend to honour or cannot provide;

(viii) as a Buyer, make any offers or orders to the Sellers that it does not intend to honour;

(ix) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

(x) take any action which undermines the Rating or Reviews system;

(xi) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

(xii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(xiii) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(xiv) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

(xv) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

(xvi) circumvent or otherwise collect information including but not limited to personal information about users without their consent;

(xvii) use any robot, spider, scraper or other automated means to access our Site or Services for any purpose;

(xviii) harvest or otherwise collect information about users without their consent;

(xix) use, display, mirror or frame the Site or any individual element within the Site, Services, 3DMika’s name, any 3DMika trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without 3DMika’s express written consent; or

(xx) advocate, encourage, or assist any third party in doing any of the foregoing.

 

17. Content

(a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of 3DMika and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b) The User must not post, upload, publish, submit or transmit any content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) is fraudulent, false, misleading or deceptive;

(iii) denigrates 3DMika, the Site, Services, a Buyer, or a Seller;

(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or

(vii) promotes illegal or harmful activities or substances.

 

18. User Content

(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content including Materials (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to 3DMika a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services for marketing and advertising purposes.

(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:

(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to 3DMika the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or 3DMika’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) 3DMika may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

 

19. Disclaimers

(a) 3DMika does not guarantee that 3D Products and/or 3D Services will be requested by any Buyers, nor does 3DMika guarantee that Buyers will be able to find desirable Seller, 3D Products and/or 3D Services.

(b) 3DMika may offer Users tailored content based on the search criteria, Rating and Review on a Listing or Profile but does not endorse any Buyers, Sellers, Profiles, Listings or 3D Services and 3D Products. 3DMika requires Buyers and Sellers to confirm that they have provided accurate information. Although it may do so at its discretion, 3DMika does not perform any sort of background checks of Buyers and Sellers, and does not confirm the identity of any Buyer or Seller, a Profile, Listing, 3D Services and/or 3D Products.

(c) 3DMika cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Seller or 3D Services or 3D Products. Buyers are responsible for determining the identity and suitability of Sellers that they contact via the Services and the 3D Services and 3D Products.

(d) 3DMika accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or in any information or notification 3DMika provides through the Site or via User’s Email including but not limited to any invoices. 3DMika disclaims any and all liability related to any and all Buyers, Sellers, Profiles, Listings, 3D Services and 3D Products.

(e) If a 3D Service is provided onsite or requires you to meet with a User, 3DMika recommends all Buyers check the identification of the Sellers prior to the provision of the 3D Services. 3DMika also recommends all Sellers exercise due skill and care in verifying the identity of any Buyers prior to the provision of the 3D Services.

(f) Any content 3DMika provides electronically to a user via the Site including but not limited to Materials and invoices will only be viewable on a Device supporting the format. Each User is solely responsible for determining the suitability of any 3D Product, 3D Services, Materials and any other content electronically provided via the Site for their use.

(g) Any information 3DMika provides on the Site including but not limited to 3DNews are for general information and entertainment purposes only and should not be considered as advice or recommendation from 3DMika to a User. Any views or opinions expressed or other information contained in the Site should be construed as information only.

(h) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Buyers, Sellers or other third parties will be limited to a claim against the Buyer, Seller or other third party who caused it harm. 3DMika encourages the User to communicate directly with the relevant Buyer or Seller on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

(i) To the fullest extent allowable under applicable law, 3DMika disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(j) For the avoidance of doubt, 3DMika is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. 3DMika advises that all Users using the Site and Services should seek advice in relation to these matters.

(k) Each Buyer and Seller who uses the Site and the Services does so at their own risk.

(l) 3DMika excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

(i) 3DMika expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

(ii) 3DMika does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

(iii) 3DMika takes no responsibility for, and will not be liable for, the Site, the Services, the Buyers, the Sellers, 3D Services and 3D Products being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and

(iv) 3DMika will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, Device damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site inability to access or use the Site, the Services, any Profile, any Listing, the 3D Services, the 3D Products, these Terms, or any loss caused by third party payment platforms such as PayPal, even if 3DMika was expressly advised of the likelihood of such loss or damage.

(m) The User agrees not to attempt to impose liability on, or seek any legal remedy from 3DMika with respect to such actions or omissions.

 

20. Limitation of Liability

(a) To the fullest extent permitted by law, 3DMika’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to 3DMika in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between 3DMika and the User.

(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of 3DMika.

 

21. Indemnity

(a) Each User agrees to defend and indemnify and hold 3DMika (and 3DMika’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b) 3DMika reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by 3DMika without restriction.

 

22. General

(a) Accuracy: The information and material is contained on the Site is believed to be accurate and current and is provided by 3DMika in good faith on an “as is” basis. While 3DMika will endeavour to keep the information up to date and correct, 3DMika makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and 3DMika expressly excludes any liability for such to the fullest extent permissible by law.

(b) Currency Conversion Rate: Any references to currency or amount in these Terms, the Site and Services are subject to the exchange relationship between US Dollar and the currency based on the location of the Buyer or Seller. The sale processing fee payable by a Seller to 3DMika, and the Seller Fees payable by a Buyer and received by a Seller for 3D Services or 3D Products are subject to the applicable exchange rate and may vary from time to time. The exchange rate will be determined at the point of transaction and subject to the currency conversion rates determined by 3DMika’s third party payment processors such as PayPal. All currency conversion rates and any additional fees payable by a Buyer or Seller for such currency conversion are not controlled by or known to 3DMika.

(c) Security: 3DMika has a secured business system to protect all User transactions and to ensure maximum security. All information is kept in a secured third party server with extensive custom firewall rule, large mod-security rule set and protected from DDoS attack.

(d) Termination: 3DMika reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If 3DMika decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (i) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (ii) any pending or future orders (in respect of a 3D Product and/or 3D Service) will be immediately terminated; (iii) 3DMika may communicate to the relevant Seller or Buyer that the order has been cancelled; (iv) 3DMika may refund the Buyer in full, regardless of the cancellation and refund policy; (v) 3DMika may contact Buyer to inform them of potential alternative 3D Services or 3D Products available from different Sellers on the Site and Services; and (vi) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account.

(e) Fraudulent Activities: Each User acknowledges and agrees that, in the event 3DMika reasonably suspects that there are fraudulent activities occurring within the Site and Services, 3DMika reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(f) Force Majeure: 3DMika will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(g) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(h) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by 3DMika of any of the Terms shall be effective unless 3DMika expressly states that it is a waiver and 3DMika communicates it to the User in writing.

(i) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without 3DMika’s prior written consent.

(j) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(k) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. 3DMika makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses and uses the Site and Services.

(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between 3DMika and each User, and supersede any prior agreement, understanding or arrangement between 3DMika and each User, whether oral or in writing.

 

ADDITIONAL TERMS AND CONDITIONS FOR SELLERS

1. Sellers’ use of the Site and Services

(a) A Seller must set out all relevant information in a Listing such as whether the Seller is providing 3D Products or 3D Services, the fee for a 3D Service or the purchase price of 3D Product, shipping fees and any additional fees, taxes or insurance in respect of a 3D Product or 3D Services or Material (collectively Seller Fees), any applicable refund and/or exchange policy and any other terms and conditions applicable to the sale of a 3D Product or the supply of a 3D Service.

(b) By creating a Listing, the Seller represents that it holds all legal title and is authorised to sell the 3D Products and/or is legally authorised to provide the 3D Services.

(c) Each Listing must offer only one 3D Product or 3D Service. Sellers may offer multiple items of a 3D Product, but the Seller must procure Listings of each type of 3D Product.

(d) Upon receipt of a Booking or an order, the Seller can update the status of the order as set out on the Site. Each Seller is responsible for ensuring the status of each order is accurate and up-to-date.

 

2. Sellers’ Account and Profile

(a) Each Seller is required to provide PayPal account details or other payment information as requested from time to time when registering for an Account.

(b) A Seller with an Account may create one (1) Profile. A Profile is viewable to all Users. Sellers who have created an Account are permitted to create a Profile.

(c) The Seller’s Profile for use of the Site is created from information provided to 3DMika including but not limited to the personal information provided by the Seller and any Ratings and/or Reviews provided by a User.

(d) Each Profile created by a Seller will not become visible to other Users until it has been submitted to, reviewed by and approved by 3DMika. 3DMika reserves the right to reject, or seek any further information from any Seller in relation to its request to establish a Profile. Any acceptance or rejection of the request is at the sole discretion of 3DMika.

(e) Each Seller agrees to provide accurate, current and complete information during the registration process, and to update its information and keep it accurate, current and complete.

(f) Each Seller acknowledges and agrees that they are responsible for their own Profile.

(g) Each Seller represents and warrants that any content provided and Profile or Listing posted:

(i) Will not breach any agreement they have entered into with any third parties;

(ii) Will be in compliance with all applicable laws, tax requirements and rules and regulations that may apply to any Sellers in its local area and country; and

(iii) Will not conflict with the rights of third parties.

(h) 3DMika assumes no responsibility for a Seller’s compliance with any applicable laws, rules and regulations including obligation to pay duties and taxes.

 

3. Sellers’ Payment

(a) Each Seller will be required to pay 3DMika a percentage sale processing fee as set out on the Site for referring the Buyer to the Seller. The sell processing fee will include the applicable tax and/or duties.

(b) 3DMika’s pricing structure or payment methods may be amended from time to time at its sole discretion. 3DMika will endeavour to give Users up to 14 days’ notice prior to such change.

 

4. Additional Obligations

(a) Before a Seller can offer 3D Products or 3D Services on the Site, it is required to provide a valid form of personal identification, contact details, bank account details, business information, relevant certificates or qualifications, insurance policies and any other information or documents reasonably requested by 3DMika.

(b) Each Seller agrees to provide accurate, current and complete information in any Listing it creates. They acknowledge and agree that each Listing they create is their own responsibility.

(c) Each Seller acknowledges and agrees to comply with any duties, taxes and tariff requirements, rules and regulations that may apply to the supply of 3D Products and/or 3D Services. Where applicable, the Seller will include such duties, taxes and tariffs in the Seller Fees.

(d) Each Seller acknowledges and agrees that 3DMika owns all Intellectual Property rights in any words or materials which may be provided by 3DMika to the Seller. A Seller agrees that it will not breach 3DMika’s Intellectual Property rights by, including but not limited to:

(i) altering or modifying any of the materials;

(ii) creating derivative works from the materials; or

(iii) using the materials for a commercial purpose (such as onsale to third parties).

(e) Each Seller represents and warrants that:

(i) it has provided information to 3DMika regarding its accreditation, insurance and other details that is up-to-date, complete and not misleading;

(ii) it will not in any way hold itself out as acting for or on behalf of 3DMika, whether as agent, contractor, employee or otherwise;

(iii) it will act lawfully and will comply with any applicable licences, laws, regulations, tax requirements, industry codes of conduct, health and safety requirements and Australian standards in performing the 3D Services or providing the 3D Products;

(iv) if it is providing a 3D Service, it has made its own arrangement to ensure adequate insurance coverage is effective (including, if applicable, professional indemnity insurance and/or public liability insurance) and maintained in relation to 3D Services; and

(v) it will only offer and sell 3D Services and 3D Products that it holds all legal title to and is authorised to sell.

 

 

For questions and notices, please contact:

3DMIKA PTY LTD (ABN 17609419132)

Email: enquiry@3dmika.com

Last update: 17 November 2015