Summary
When you’ve been in business as long as we have, you learn things along the way. Like, the way you treat people is how you can expect people to treat you, which is why we value respect and integrity in our dealings with clients, suppliers, staff and stakeholders.
Our terms and conditions are provided in detail below. Please read them and if you have any questions at all, contact us whichever way you like.
Terms and Condition
What is this Agreement about and how is it accepted?
1. This Agreement applies to every contract for the sale of goods or services by Galaxy Design to the Customer, unless Galaxy Design agrees otherwise in writing.
2. Any written quotation provided by Galaxy Design to the Customer concerning the proposed supply of goods or services is:
(a) valid for 14 days from the date of the quotation; and
(b) not an offer to sell, and no order placed by the Customer in response to any quotation will bind Galaxy Design unless and until such order is accepted by Galaxy Design, acting in its absolute discretion.
3. This Agreement is accepted by the Customer once the Customer places an order with Galaxy Design for goods or services. No purported cancellation or suspension of an order (or any part of an order) by the Customer is binding on Galaxy Design after that order has been accepted by Galaxy Design.
4. This Agreement is accepted by Galaxy Design when Galaxy Design confirms its acceptance of an order in writing or electronic means or provides the Customer with the goods or services. All quotations are subject to withdrawal or variation by Galaxy Design at any time prior to Galaxy Design’s acceptance of an order by notice in writing to the Customer.
Approving an order
1. All jobs to be processed by Galaxy Design are to be approved by Galaxy Design’s online job system, email or in writing. Galaxy Design may accept your verbal approval at our discretion.
2. Galaxy Design holds no responsibility for the correctness of final artwork either supplied to or created by Galaxy Design. Final artwork approval is taken to be an approval to print the job “as is”. Any errors and/or omissions in artwork that has been approved are solely the Customer’s responsibility.
3. Once approval to print has been given by the Customer, additional charges may apply for any additional artwork alterations or for the resupply of completed artwork by the Customer.
Cancelled orders
1. If the Customer cancels an order after artwork and/or processing has commenced, there will be a cancellation fee charged for services rendered. This cancellation charge will be a minimum of $33 to a maximum of the job price total minus the printing and delivery components.
2. All and any deposits paid towards the cancelled job will be forfeited. If payments made toward the job up to the cancellation date total more than the cancellation charge, a refund of the difference will be made by a method chosen by Galaxy Design.
What is the pricing structure for goods and services?
1. Prices quoted, whether in a price list, by written quotation or verbally, for the supply of goods and services, include GST and any other taxes or duties imposed on or in relation to the goods and services. The Customer must pay such GST, taxes or duties.
2. All prices include GST, file downloading, soft proof, film or plates, stock and printing.
3. All prices quoted are for the supply of Galaxy Design specified print ready artwork. If Galaxy Design is required to correct or convert any supplied files to be ready for press, an additional fee will be incurred ($33 minimum). If artwork is to be resupplied due to your error, a minimum reprocessing fee of $33 will be incurred.
4. Where delivery is quoted, pricing includes the cost of delivery of the goods to the Customer to any single metropolitan address in any capital city in Australia. Delivery is only included for catalogue items. However, Galaxy Design reserves the right to charge for the cost of delivery if the delivery location is outside a metropolitan area, involves multiple locations or requires hand unpacking. Non standard or bespoke quotes are inclusive of freight to the Customer’s address only, unless otherwise specified.
5. Quotations are based on the cost of production prevailing at the date of the quotation, and are subject to variation on or after acceptance of any order placed in reliance upon such quotation, to meet any rise or fall in such costs incurred, including a request from the Customer to vary the order. Galaxy Design will notify the Customer of any such variation.
What are the payment terms for goods and services?
1. Galaxy Design’s standard payment option is pre payment in full, prior to the commencement of any design, creative or print work or services. Other payment terms may be offered at the discretion of Galaxy Design and are subject to a satisfactory credit check.
2. Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
3. Galaxy Design may amend any payment terms upon giving written notice to the Customer.
4. Galaxy Design accepts payment by electronic funds transfer, BPAY, Visa, Mastercard or AMEX without penalty fees. Galaxy Design however reserves the right to charge penalty fees if the agreed payment terms are not met.
5. If your company is approved to receive trading terms from Galaxy Design Pty Ltd, as the signatory of the Credit Application you understand, agree to and are held responsible for the following (unless otherwise agreed to by us in writing):
(a) trading terms are thirty (30) days from invoice date;
(b) invoices shall be paid in full no later than thirty (30) days from the date of the invoice;
(c) you are personally liable for any debt incurred by the applying company;
(d) any request from Galaxy Design Pty Ltd for any overdue or outstanding amounts will be your responsibility to make within seven (7) days from when the request was made;
Galaxy Design Pty Ltd may terminate any and all account agreements at any time and demand full payment of any outstanding amounts and invoices within seven (7) days of written notice to do so.
What are the consequences of non-payment by the Customer?
1. If the Customer does not pay an invoice (in full) by the due date, then all moneys which would become payable by the Customer to Galaxy Design at a later date on any account, will become immediately due and payable without the requirement of any notice to the Customer, and Galaxy Design may, without prejudice to any other remedy available to Galaxy Design:
(a) charge the Customer the greater of $15 per week or interest on any sum due at the rate of 15% per annum from the due date until the date of payment in full, charged weekly;
(b) charge the Customer for, and the Customer must indemnify Galaxy Design from, all costs and expenses (including all legal costs and expenses) incurred by Galaxy Design resulting from the non-payment or in taking action to enforce compliance with this Agreement or to recover any goods;
(c) cease or suspend for such period as Galaxy Design think fit, supply of any further goods or services to the Customer;
(d) by notice in writing to the Customer, terminate this Agreement or any contract with the Customer, without affecting Galaxy Design’s accrued rights under any contract.
When does legal title to the goods pass to the Customer?
1. Until full payment in cleared funds is received by Galaxy Design for all goods supplied by Galaxy Design to the Customer:
(a) title and property in all goods remain vested in Galaxy Design and do not pass to the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for Galaxy Design;
(c) the Customer must keep the goods separate from the Customer’s other goods and maintain Galaxy Design’s labelling and packaging; and
(d) Galaxy Design may without notice, enter any premises where Galaxy Design suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not being Galaxy Design’s property, and for this purpose the Customer irrevocably licenses Galaxy Design to enter such premises and also indemnifies Galaxy Design from and against all costs, claims, demands or actions by any party arising from such action.
All items purchased from Galaxy Design are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
2. Where payment is not made on or before the due date or if an Insolvency Event occurs:
(a) Galaxy Design may terminate any contract relating to goods at any time and without prejudice to any other rights it may have against the Customer; and
(b) the Customer shall, should Galaxy Design so require, deliver up to Galaxy Design any goods which have not been paid for in full failing which Galaxy Design is hereby irrevocably authorised to enter at any time by its servants or agents the place where the goods are situated and to repossess the goods, and to remove the goods from any vessel, vehicle, or other place whether or not they have at any such time become fixed to any vessel, vehicle, thing or place and for this purpose Galaxy Design is hereby appointed the Customer’s agent.
The Customer agrees to indemnify Galaxy Design and keep Galaxy Design indemnified against all costs incurred by Galaxy Design in removing the goods and against all claims against Galaxy Design in removing the goods and arising from such removal.
3. If an Insolvency Event occurs and the goods that have not been paid for in part or in full are mixed with the goods that have been paid for, then the Customer bears the onus of proving that the Galaxy Design goods in its possession (whether mixed with other goods or not) have been paid in full by the Customer. If the Customer is unable to prove, to the satisfaction of Galaxy Design that the goods identified as Galaxy Design goods have been paid for in full, then those goods shall be deemed to relate to unpaid invoices outstanding from time to time and are deemed to be the property of Galaxy Design. Galaxy Design reserves the right to repossess those goods without having to prove that the goods relate to specific unpaid invoices outstanding at the time of repossession.
4. Notwithstanding the provisions of the preceding sub-clauses the Customer may sell the goods to a third party (in its own name and not as agent for the seller) by way of bona fide sale at full market value and in the ordinary course of business and deliver them to that party provided however that if an Insolvency Event occurs and until the goods have been paid in full to Galaxy Design:
(a) where the Customer is paid by that third party the Customer holds the whole value of the proceeds of sale on trust for Galaxy Design and shall not mingle any of the proceeds of sale with the Customer’s own monies or in any bank account with other monies, but shall ensure that all such receipts of sale are separate and identifiable. Moreover, the Customer shall on receipt of the proceeds of sale remit to Galaxy Design all monies owing under this Agreement in accordance with Galaxy Design’s terms of payment;
(b) where the Customer is not paid by that party the Customer agrees, at the option of Galaxy Design, to assign its claim against that party to Galaxy Design. For the purpose of giving effect to this sub-clause the Customer irrevocably appoints Galaxy Design as its attorney.
Security Interests
1. In consideration for Galaxy Design supplying goods to the Customer under this Agreement, the Customer:
(a) agrees to treat the security interest created under this Agreement as a continuing and subsisting security interest in the relevant goods with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the goods become fixtures before paid for in full);
(b) grants to Galaxy Design a purchase money security interest (“PMSI”) as defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) in goods supplied;
(c) agrees that the PMSI granted herein will continue to apply to any goods coming into existence or proceeds of sale of goods or goods coming into existence;
(d) agrees that the PMSI has attached to all goods now or in the future supplied to the Customer by Galaxy Design; and
(e) agrees, until title in the goods pass to it, to keep all the goods free and ensure all the goods are kept free of any charge, lien or security interest (as defined in the PPSA) except as created under this Agreement, and not otherwise deal with the goods in a way that will or may prejudice any rights of Galaxy Design under this Agreement or the PPSA.
2. Galaxy Design reserves the right to register a financing statement under the PPSA in respect of the goods. The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is or may be registered, issued or received at any time.
3. The Customer irrevocably grants Galaxy Design the right to enter any premises or property (without notice) and without being in any way liable to Galaxy Design or any other person if the Customer has cause to exercise any of its rights under the PPSA (and the Customer will indemnify Galaxy Design against any such liability).
4. It is agreed that (to the extent permitted under the PPSA), the Customer hereby waives its rights under sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132, 134, 135, 142 and 143 of the PPSA.
What happens if there are delays in delivery of goods and services?
1. Any period or date for delivery of goods or provision of services is intended as an estimate only and is not a contractual commitment. Galaxy Design will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
2. If, through circumstances beyond Galaxy Design’s control, Galaxy Design is unable to effect delivery or provision of goods or services, then Galaxy Design may cancel the Customer’s order (even if it has already been accepted) by notice in writing including electronic means to the Customer.
Can the Customer return or exchange the goods or services?
1. Descriptions, illustrations and material contained in catalogue, price lists, brochures, leaflets, specification sheets or other descriptive materials:
(a) While every effort is made to ensure their accuracy, the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet, specification sheets or other descriptive materials provided by Galaxy Design to the Customer represent the general nature of the items described therein and do not form part of any order or agreement and do not constitute a representation or warranty made by Galaxy Design.
2. Artwork:
(a) Galaxy Design reserves the right to modify the design, drawings or specifications supplied to Galaxy Design by the Customer which do not materially affect the quality or usage of the goods by the Customer, without notice.
(b) All prices quoted are for the supply of Galaxy Design specified print ready artwork. If Galaxy Design is required to correct or convert any supplied files to be ready for press, an additional fee will be incurred ($33 minimum). If artwork is to be resupplied due to your error, a minimum reprocessing fee of $33 will be incurred.
(c) Galaxy Design cannot ensure an exact match in colour or texture between the Customer’s artwork (including electronic graphic files or previously printed materials or any other materials supplied by the Customer) and the final delivered goods. The Customer acknowledges and accepts that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.
(d) The Customer acknowledges that trimming may vary by up to 1 millimetre from the proof, specification or print job to print job and that such variation will not constitute a fault in the print job.
(e) Whilst every endeavour will be made to deliver the correct quantity of print items ordered, due to the difficulties of producing exact quantities, Galaxy Design shall not be liable for delivering incorrect quantities and there will be no adjustment in the price if the quantity variation does not exceed 10% of the quantity specified in the order. The Customer’s remedy, at Galaxy Design’s sole discretion, will be either a refund of monies paid for the shortage on a pro rata basis or a re-print of the shortage quantity to be undertaken by Galaxy Design within a reasonable period of time.
3. General:
(a) Galaxy Design will not be liable for any defect in the goods manufactured or supplied by Galaxy Design which are based in whole or in part upon any designs, drawings or specifications supplied to Galaxy Design by the Customer.
(b) Subject to clause 1(a), Galaxy Design will not be liable for any defects, shortages, damage or noncompliance with the specifications in the Agreement unless the Customer notifies Galaxy Design in writing with full details within 7 business days of delivery of the goods or provision of the services.
(c) If the Customer does not give the notice as required in clause 3(a), the Customer is deemed to have accepted the goods or services.
(d) Subject to clause 2(d), when any defects, shortages, claim for damage or non-compliance with the specifications in the Agreement is accepted, Galaxy Design may, at its option, replace the defective or missing goods or re-supply the services.
(e) Galaxy Design will not accept goods for return that have been altered in any way or have been used.
(f) Unless Galaxy Design reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 3(a) is due to Galaxy Design’s fault, the Customer must pay all freight charges associated with the return of goods.
(g) Where delivery is requested by the Customer, to be left at an unattended address, Galaxy Design will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions.
Who owns the intellectual property associated with the goods and services?
1. Any Galaxy Design Materials (and the Intellectual Property subsisting in the Galaxy Design Materials) provided to the Customer by Galaxy Design in connection with the goods and services remains Galaxy Design’s exclusive property until payment has been received in full, at which time ownership passes to the Customer.
2. All Galaxy Design Materials and Galaxy Design’s Intellectual Property that have not been paid for in full must be returned to Galaxy Design on demand and the Customer must not:
(a) copy or disclose any Galaxy Design Materials or Galaxy Design’s Intellectual Property to any third party without Galaxy Design’s express written consent;
(b) create, sell, manufacture or process any goods or services which use or take advantage of any Galaxy Design Materials or Galaxy Design’s Intellectual Property.
3. Where the Customer provides its own materials, data or information including literary and artistic works (Client Materials) for use by Galaxy Design to fulfil any order, the Customer warrants that:
(a) the Customer owns (or is licensed to use) the Client Materials and the Intellectual Property in those Client Materials; and
(b) the use of the Client Materials by Galaxy Design will not infringe the Intellectual Property of any third party; and the Customer hereby grants Galaxy Design a licence to use the Client Materials and the Intellectual Property therein:
(c) for the purpose of fulfilling the Customer’s orders and providing the goods and services under this Agreement; and
(d) in Galaxy Design’s promotional materials to indicate that the Customer is one of Galaxy Design’s clients and to depict the quality and range of Galaxy Design’s goods and services.
4. The Customer indemnifies and agrees to keep Galaxy Design indemnified against all liability, losses or expenses incurred by Galaxy Design in relation to, or in any way directly or indirectly connected with, the use of the Client Materials by Galaxy Design.
5. All “works” (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials and processes developed or created pursuant to this Agreement and any Intellectual Property therein:
(a) are hereby vested in Galaxy Design as and when such rights are brought into existence;
(b) are agreed to be the absolute and exclusive property of Galaxy Design; and
(c) to the extent necessary, are hereby assigned absolutely to Galaxy Design.
Galaxy Design’s liability to the Customer
1. Except as specifically set out in this Agreement any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
2. Galaxy Design’s liability for:
(a) a breach by Galaxy Design of any term of this Agreement;
(b) a breach by Galaxy Design of any condition or warranty implied in this Agreement;
(c) the cancellation or suspension of supply of goods or services by Galaxy Design; or
(d) any loss or damage suffered or incurred by the Customer or any third party howsoever arising under or in connection with this Agreement is limited to the replacement or the re-supply of the goods or the re-supply of the services.
3. Galaxy Design will not be liable for any indirect, special or consequential loss or damage suffered or incurred by the Customer or any third party, howsoever caused, including loss of turnover, profits, business or goodwill.
4. Nothing in this Agreement is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
What are each party’s privacy obligations?
1. Galaxy Design is guided by the Privacy Act 1988 and takes steps to ensure that personal information obtained in connection with the Customer will be collected, stored, used, disclosed and transferred appropriately.
2. The Customer is requested to follow with the Privacy Act 1988 in connection with any personal information supplied to the Customer by Galaxy Design in connection with this Agreement.
Customers can update their contact details at any time by logging into their company file through the Galaxy Design Online Job System or by email or letter to, Privacy Officer, Galaxy Design. email address: admin@galaxydesign.com.au
Can this Agreement be terminated?
1. Galaxy Design may, at its option, immediately terminate this Agreement upon notice in writing:
(a) In accordance with section ‘What are the consequences of non-payment by the Customer?’ clause 1 (d);
(b) where the Customer has breached any term or warranty in this Agreement and fails to rectify such breach within 7 days of being provided with a notice from Galaxy Design requesting such rectification;
(c) where the Customer is an individual, and the Customer becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally; or
(d) where the Customer is a corporation, an Insolvency Event occurs.
2. Upon termination of this Agreement, any outstanding fees or charges under this Agreement will become immediately due and payable by the Customer.
Miscellaneous
1. The laws of Victoria, Australia govern this Agreement and the parties agree to the nonexclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
2. Failure by Galaxy Design to enforce any terms of this Agreement shall not be construed as a waiver of any of its rights.
3. If any term of this Agreement is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from this Agreement without affecting the enforceability of the remaining terms.
4. This Agreement constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing.
5. A notice provided under this Agreement must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile are deemed received on the date and time the facsimile machine confirms transmission. Email notification where specified within the agreement will be deemed acceptable.
6. In this Agreement, unless the context clearly indicates otherwise:
(a) “Agreement” means this agreement entered into for the provision of goods or services by Galaxy Design to the Customer and includes any document which varies, supplements, replaces, assigns or novates this agreement;
(b) “Customer” means the person to whom any quotation is made and shall include any person contracting or offering to contract with Galaxy Design in accordance with this Agreement;
(c) “goods” means any goods provided to the Customer by Galaxy Design or procured by Galaxy Design for the Customer and includes printing proofs (both conceptual and final), and any printed material or artwork;
(d) “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
(e) “Insolvency Event” shall occur when;
(i) an application or order is made, a resolution is made or proposed or other steps are taken for the winding up, liquidation (including provisional liquidation), dissolution, official management or voluntary administration of the Customer (other than a voluntary liquidation for the purpose of amalgamation or reconstruction);
(ii) the Customer enters into any arrangement, compromise or composition or assignment for the benefits of its creditors or any class of them;
(iii) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of business;
(iv) the Customer is or is deemed unable to pay its debts as and when they fall due, or stops or suspends the payments of its debts; or
(v) a liquidator, provisional liquidator receiver, a receiver and manager, administration or other officer is appointed to the Customer or any part of its property, or a third party attempts to levy execution against the Customer’s property or the goods.
(f) “Intellectual Property” means copyright, patents, designs or trademarks (whether registered or unregistered), rights in confidential information (including trade secrets and know how), and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether conferred under statute, common law or equity;
(g) “services” means the provision by Galaxy Design to the Customer of any services including graphic design and printing;
(h) “Galaxy Design” means Galaxy Design Pty Ltd (ABN 52 068 205 612 ) of 1/94 Nepean Highway, Mentone Victoria;
(i) “Galaxy Design Materials” means all “works” (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials, specifications and processes owned by or licensed to Galaxy Design;
(j) a reference to legislation or a legislative provision includes any statutory modification, or substitution of that legislation or legislative provision;
(k) a reference to a person includes a natural person, corporation, statutory corporation, partnership or any other organisation or legal entity;
(l) a reference to a natural person includes their personal representatives, successors and permitted assigns;
(m) a reference to a corporation includes its successors and permitted assigns;
(n) an obligation or warranty on the part of 2 or more persons binds them jointly and severally and an obligation or warranty in favour of two or more persons benefits them jointly and severally;
(o) including and includes are not words of limitation;
(p) a reference to a time is to that time in Victoria, Australia;
(q) monetary amounts are expressed in Australian dollars;
(r) the singular includes the plural and vice-versa
Using this site
Galaxy Design is an Australian company. All commercial transactions at “galaxydesign.com.au”, “www.galaxydesign.com.au” and “customers.galaxydesign.com.au” are made through Galaxy Design. All the abovementioned web addresses will from hereon be only referenced to as “galaxydesign.com.au”.
Disclaimer of warranties and limitation of liability – site and emails
This site is provided by Galaxy Design on an ‘as is’ and ‘as available’ basis. Galaxy Design makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Galaxy Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Although every precaution is taken, Galaxy Design does not warrant that this site, its servers, or email sent from Galaxy Design are free of viruses or other harmful components. Galaxy Design will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Website content copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of galaxydesign.com.au or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Galaxy Design and protected by Australian and international copyright laws. All software used on this site is the property of Galaxy Design or its software suppliers and protected by Australian and international copyright laws.
Your access to Galaxy Design online
If you use this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Galaxy Design reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, comments, communications, and other content
Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Galaxy Design reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Galaxy Design a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Galaxy Design the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Galaxy Design for all claims resulting from content you supply. Galaxy Design has the right, but not the obligation to monitor and edit or remove any activity or content. Galaxy Design takes no responsibility and assumes no liability for any content posted by you or any third party.
Trademarks
All marks on our site are registered trademarks of Galaxy Design, in Australia and other countries. Other galaxydesign.com.au graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Galaxy Design. Galaxy Design’s trademarks and trade dress may not be used in connection with any product or service that is not Galaxy Design’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Galaxy Design. All other trademarks not owned by Galaxy Design that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Galaxy Design.
Copyright complaints
Galaxy Design respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Galaxy Design.
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Galaxy Design the written information specified below. Please note that this procedure is exclusively for notifying Galaxy Design that your copyrighted material has been infringed: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
License and site access
Galaxy Design grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Galaxy Design. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Galaxy Design. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of galaxydesign.com.au and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Galaxy Design’s name or trademarks without the express written consent of Galaxy Design. Any unauthorized use terminates the permission or license granted by Galaxy Design. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of galaxydesign.com.au so long as the link does not portray Galaxy Design Pty Lty, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Galaxy Design logo or other proprietary graphic or trademark as part of the link without express written permission.
Applicable law
By visiting galaxydesign.com.au you agree that the laws of the state of Victoria and of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Galaxy Design.
Disputes
Any dispute relating in any way to your visit to galaxydesign.com.au or to products you purchase through galaxydesign.com.au shall be submitted to confidential arbitration in Melbourne, Victoria, except that, to the extent you have in any manner violated or threatened to violate Galaxy Design’s intellectual property rights, Galaxy Design may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site policies, modification, and severability
Please review any other policies posted on this site. These policies also govern your visit to galaxydesign.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Electronic communications
When you visit galaxydesign.com.au or send emails to Galaxy Design, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In the event that you have provided your electronic address to Galaxy Design, you by your receipt of these terms and conditions acknowledges that Galaxy Design may use your electronic address for commercial purposes such as the promotion of the products and/or services provided by Galaxy Design; and hereby consent to and authorises Galaxy Design to send commercial electronic messages to your electronic address.
Supplied items – copyright authorisation
You warrant that you have the copyright or a license to authorise reproduction of all artistic and literary information supplied to Galaxy Design for the purposes of your orders. You authorise Galaxy Design to reproduce all and any of this information for such purposes. You additionally license Galaxy Design to use the information in its own promotional materials to depict the quality or range of its goods or services.
Galaxy Design reserves the right to refuse the production of any materials including those that they deem may offend, be offensive, threatening, defamatory or any other instances of sensitive subject matter.
Any items supplied to Galaxy Design (including photos, CDs, magazines, etc.) will be held entirely at your risk regarding fire, flood or other unforeseen event. Galaxy Design will endeavour to return all items at the time of the delivery of goods ordered. The return of any supplied items not returned at this time can be arranged at your expense.
Google Maps
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.
