Terms of Service

1. DEFINITIONS

(a) Customer/you means the party engaging the services of Gizmo.

(b) Gizmo/we/us/our means Gizmo 3D Printers Pty Ltd (ABN 37 608 409 141).

(c) Terms means these terms and conditions.

(d) Website means www. www.gizmo3dprinters.com.au.


2. TERMS AND CONDITIONS

(a) INTRODUCTION

(i) The Website is provided by Gizmo.

(ii) In these Terms, an individual visitor to the Website is referred to
as ‘you’ irrespective of whether the visitor becomes a Customer.

(iii) By proceeding to use the Website, you agree to be bound by
these Terms, in their current form and as they may be amended
by us from time to time.  If you do not accept these Terms, you
must discontinue your use of the Website immediately.

(iv) In the event that you have not used the Website, but have
purchased products from Gizmo, you agree to be bound by these
Terms by making the purchase having been given the opportunity
to consider these Terms prior to doing so.

(v) These Terms are governed by the laws of Australia and the
Australian courts have exclusive jurisdiction in any dispute arising
out of or in connection with your use of the Website and
purchases from Gizmo.

(vi) If you have any queries or complaints regarding the Website or
these Terms, please contact us at info@gizmo3dprinters.com.au.

 

(b) CHANGES TO THESE TERMS AND THE WEBSITE

(i) We may revise these Terms of use at any time by amending this
page. Please check this page from time to time to take notice of
any changes we make, as they are binding on you.
 

(ii) We may update the Website from time to time and may change
the content at any time. However, please note that any of the
content on the Website may be out of date at any given time, and
we are under no obligation to update it. We do not guarantee that
the Website, or any content on it, will be free from errors or
omissions.

 

(c) INFORMATION PUBLISHED ON THE WEBSITE

(i) We take reasonable precautions to ensure that information
published on the Website is accurate, but we do not guarantee its
accuracy.  You should take appropriate steps to verify information
displayed on the Website before relying on it.  Downloading
material from the Website is done at your own risk and any
materials provided via the Website are provided on an "as is"
basis. 


(d) SALE OF PRODUCTS

(i) Any statements made about the use of the products or the
capacity of the same is made generally and may not be applicable
to all circumstances. The limitation of liability provided for by
these Terms shall apply equally to the products listed for sale on
the Website, including but not limited to the 3D printers, resin and
printing accessories.

(ii) The Customer acknowledges that any advice or recommendations
made given during a discussion with a representative of Gizmo
prior to ordering or purchasing a 3D printer is general in nature
and may not apply to all circumstances. The 3D printers, whilst
specifically built to order, are generic in their design and not
custom manufactured for a particular purpose.
 

(iii) The Customer acknowledges and agrees that all 3D printers are
made to order. On this basis, there may be some delay between
ordering the 3D printer and the same being delivered. Gizmo
makes no warrantees or representations about the length of time
this may take, given this period may be affected by circumstances
outside the control of Gizmo, including, but not limited to the use
of third-party providers.
 

(iv) Gizmo requires payment for any 3D printer orders by a Customer,
in full and upfront, prior to the manufacturing process
commencing. Failure to make the upfront payment may delay the
manufacture and delivery of the Customer’s 3D printer.
 

(v) Including the purchase price of 3D printers may be any
transaction costs which might be incurred by Gizmo, including,
but not limited to, fees imposed by credit card providers and
PayPal and shipping costs. Such fees shall be itemised.
 

(vi) The Customer may require certain software to be installed on
their device in order to properly use the 3D printers. The
Customer warrants that they have installed this software correctly
and have considered the terms and conditions of use of the
software provider. Gizmo accepts no liability for any damage
suffered in the use of the third-party software required to operate
the 3D printers and extends any waiver of liability in relation to
the use of third-party products in these Terms to this condition.

(vii) Please contact us at info@gizmo3dprinters.com.au in relation to
enquires about our refund policy.

 

(e) SECURITY FOR ONLINE TRANSACTIONS

(i) Any online transactions completed with Gizmo are completed via
third parties using SSL technology, which provides high level
encryption for online transactions.

(ii) The Customer’s credit card information is not taken by Gizmo for
these online transactions. This information is taken by third party
providers including. We do not retain your financial information.

(iii) Any online payment is transacted via third party providers and
subject to the terms and conditions imposed by those providers.

Gizmo encourages customers to consider the terms and conditions
of these providers before electing that particular payment
method.
 

(iv) Often, third party providers impose a small fee for processing the
transaction. This fee is passed on the to Customer and will be
itemised during the transaction.

(v) This clause does not necessary apply to transactions associated
with the purchase of 3D printers.

 

(f) SUPPORT AND SERVICING

(i) Gizmo offers and encourages Customers to utilise the installation
and training services offered by it over Skype. If the Customer
fails to utilise this service, the Customer agrees that they will not
hold Gizmo liable for an faults or damage associated with the use
of the equipment.

(ii) Gizmo offers an industrial service plan to Customers at an
additional cost. This product offers priority support, free part
replacement for a specified period of time and additional support
when required.

(iii) Failure to properly install, maintain or correctly use the equipment
purchased can result in that equipment not functioning correctly,
faults, or breakages. To the greatest extent afforded by the
Australian Consumer Law, Gizmo limits its lability to replace or
refund products which have not been maintained, or the
Customer has not taken up or can provide evidence that the
equipment has been serviced in accordance with industry
standards.


(g) REFUND POLICY

(i) Given each 3D printer is built to order, Gizmo has a no refund
policy, to the extend afforded by the Australian Consumer Law.

(ii) Once the manufacturing of the 3D printer has commenced, the
Customer agrees that the order cannot be cancelled due to the
costs associated with the manufacturing process.

(iii) In the event a product is genuinely faulty, then a refund or repair
may be arranged as required by the Australian Consumer Law.
The Customer should contact Gizmo as soon as possible to make

arrangements under this clause via email to
info@gizmo3dprinters.com.au.

 

(h) SHIPPING

(i) 3D printers will be shipped as soon as practicably possible after
the manufacturing process is completed. Gizmo shall use its
discretion as to the choice of carrier.

(ii) The Customer is responsible for paying for any insurance required
on the shipping, should they elect to insure the package. The
Customer is also responsible for any taxes and duties which may
be imposed on the package and/or the purchase in their country.

(iii) Resins and printer accessories purchased from the online store of
the Website shall be shipped as soon as practicable using a carrier
at the sole discretion of Gizmo.

(iv) The Customer agrees that Gizmo may pass on any costs
associated with shipping of the products sold, unless the shipping
is associated with a repair or refund.

 

(i) VIRUSES

(i) We do not guarantee that the Website or the software provided
with the products sold will be secure or free from bugs or viruses.

(ii) You are responsible for configuring your information technology,
computer programmes and platform in order to access the
Website and utilise any software. You should use your own virus
protection software.

(iii) You must not misuse the Website or the software by knowingly
introducing viruses, trojans, worms, logic bombs or other material
which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to the Website or the
software, the server on which the Website is stored, or any
server, computer or database connected to our Website. You
must not attack our Website via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision,
you would commit a criminal offence under the Computer Misuse
Act 1990 and the Criminal Code Act 1995 (Cth). We will report
any such breach to the relevant law enforcement authorities, and

we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use
the Website and the software will cease immediately.

 

(j) LIABILITY

(i) We provide the Website without warranty of any kind. We make
no representations, warranties or guarantees, whether express or
implied, that the content on our Website is accurate, complete or
up-to-date.

(ii) Nothing in these Terms excludes or limits our liability regarding
subject matter or a cause of action that cannot be excluded or
limited by Australian law.

(iii) We will not be liable to any user for any loss or damage, whether
in contract, tort (including negligence), breach of statutory duty,
or otherwise, even if foreseeable, arising under or in connection
with: use of, or inability to use, our Website; or use of or reliance
on any content displayed on our website or in relation to the use
or purchase of products sold by us. If you are a business user,
please note that in particular, we will not be liable for loss of
profits, sales, business, or revenue; business interruption; loss of
anticipated savings; loss of business opportunity, goodwill or
reputation.  We will not be liable for any indirect or consequential
loss or damage.

(iv) We will not be liable for any loss or damage caused by a virus,
distributed denial-of-service attack, or other technologically
harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to
your use of our Website or to your downloading of any content on
it, or on any website linked to it or in relation to software required
to use any product sold by us.

(v) We assume no responsibility for the content of websites linked on
our site. Such links should not be interpreted as endorsement by
us of those linked websites. We will not be liable for any loss or
damage that may arise from your use of them.
 

(vi) We do not guarantee that the Website will always be available or
be uninterrupted and reserve the right to suspend access to the
Website without notice.


(k) INTELLECTUAL PROPERTY RIGHTS

(i) We are the owner or the licensee of all intellectual property rights
on our site, and in the material published on it.  Those works are
protected by copyright laws and treaties around the world. All
such rights are reserved.  Nothing in these Terms operates to
transfer, assign or grant any of those rights to you.  You must not
reproduce or use literature, content, images, trademarks or
names displayed on the Website other than for your personal use
without written permission of the owner.

(ii) Unless specifically prohibited by a notice published on any page,
you may make a print copy of any parts of the Website or the
material on the Website, that you require for your own personal
use, provided that in doing so you do not remove or alter any
trade mark, copyright or other proprietary notices contained in
that part of the Website. Our status (and that of any identified
contributors) as the authors of content on the Website must
always be acknowledged. You must not use any part of the
content on our Website s for commercial purposes without
obtaining a licence to do so from us or our licensors, if any.

 

(l) THIRD PARTY WEBSITES

(i) We assume no responsibility for the content of any websites
linked on our Website or websites from which you have accessed
our Website. Such links should not be interpreted as endorsement
by us of those linked websites. We will not be liable for any loss
or damage that may arise from your use of them.

 

(m) DATA AND PRIVACY

(i) We are committed to protecting your privacy.  Please see
our Privacy Policy for details of how we treat information which
you provide to us via the Website.