Terms & Conditions
Welcome to TEE5!
TEE5’s service (the “TEE5 Service”) is located at TEE5.com.au and is operated by TEE5, Australia. and its subsidiaries (collectively, “TEE5”). The TEE5 Service provides buyers with the ability to create their own, and find high-quality, unique designs for any apparel.
Use of the TEE5 Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify TEE5 of any unauthorized use of your password or account or any other breach of security. TEE5 reserves the right to terminate accounts and/or campaigns that are inactive for twelve (12) months or more.
Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception.
Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other TEE5 policies, or otherwise use the service in an excessive or unreasonable way, TEE5 may, in its sole discretion, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the TEE5 Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the TEE5 Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the TEE5 Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by TEE5 in connection with your use of the TEE5 Service. TEE5 may establish general practices and limits concerning use of the TEE5 Service. TEE5 reserves the right to change its instructions, general practices, and limits at any time, in its sole discretion, with or without notice.
TEE5 does not claim any ownership rights in the content you upload to the TEE5 Business Service. Please be sure you maintain copies of all of your work. TEE5 has no responsibility or liability for the deletion or failure to store any content or information uploaded to the TEE5 Business Service.
TEE5 retains all ownership rights in any designs created by TEE5 designers and may not be used by you, other than in connection with your orders on the TEE5 Service, without TEE5’s express written consent
Intellectual Property Complaints
Infringement Claims Between TEE5 Users, Waiver of Claims: As a condition of using the TEE5 Service, you agree to submit any and all infringement claims against TEE5 users (so-called “Copycat Claims”) pursuant to TEE5’s existing policies and procedures governing such claims. You further agree, as a condition of using the TEE5 Service, to waive any and all claims against TEE5 arising from alleged infringement by you or another TEE5 user. In addition, you understand that TEE5 may release your contact information to any TEE5 User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: TEE5 takes any allegations of infringement seriously. If TEE5 receives any complaint or allegation that your design or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that TEE5 may terminate or delay your order, in its sole discretion. In addition, you understand that TEE5 may release your contact information to any third party that satisfactorily alleges a violation of its rights.
TEE5 will consider complaints of possible infringement only from parties that own or have the exclusive right to exploit, the applicable intellectual property. If you believe that a TEE5 user has infringed upon your rights, please notify TEE5 through our Contact page. You may also contact us by email.
You must include with your notification the following information.
Repeat Infringer Policy: TEE5 has adopted a policy of terminating, in appropriate circumstances and at TEE5’s sole discretion, users who are deemed to be repeat infringers. TEE5 may also at its sole discretion limit access to the TEE5 Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Payment: If you order through the TEE5 Service, you will be required to provide STRIPE (TEE5’s third payment processor) with information regarding your credit card or another payment instrument. You represent and warrant to TEE5 that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Returns: You acknowledge and agree that goods produced by us for you are bespoke custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
Waiver: Your purchase of an item using the TEE5 Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.
TEE5’s Proprietary Rights
Service Content, Software, and Trademarks: You are only authorized to use the TEE5 Service for the purpose of engaging in business transactions with TEE5. You may not use any automated technology to scrape, mine or gather any information from the TEE5 Service or otherwise access the pages of the TEE5 Service for any unauthorized purpose. If you are blocked by TEE5 from accessing the TEE5 Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the TEE5 Service or distributed in connection therewith are the property of TEE5, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The TEE5 Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by TEE5, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the TEE5 Service or the Service Content, in whole or in part. Any use of the TEE5 Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by TEE5.
The TEE5 name and logos are trademarks and service marks of TEE5 Australia (collectively the “TEE5 Trademarks”). Other company, product and service names, and logos used and displayed via the TEE5 Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TEE5. Nothing in these Terms of Service or the TEE5 Service should be construed as granting any license or right to use any of TEE5 Trademarks displayed on the TEE5 Service, without our prior written permission in each instance. All goodwill generated from the use of TEE5 Trademarks will inure to TEE5’s exclusive benefit.
Third Party Material: Under no circumstances will TEE5 be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
TEE5 may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TEE5, its users or the public.
Third Party Websites
The TEE5 Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TEE5 has no control over such sites and resources and TEE5 is not responsible for and does not endorse such sites and resources. TEE5 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the TEE5 Service are between you and the third party, and you agree that TEE5 is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE TEE5 SERVICE IS AT YOUR SOLE RISK. THE TEE5 SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, TEE5 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
TEE5 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEE5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TEE5’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TEE5, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the TEE5 Service and remove and discard any content within the TEE5 Service, for any reason. Further, you agree that TEE5 will not be liable to you or any third party for any termination of your access to the TEE5 Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit TEE5 in any way and will not attempt to do so or imply that you have the right to do so.
These Terms of Service will be governed by the laws of the State of Queensland without regard to its conflict of law provisions. With respect to any disputes, you and TEE5 agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Brisbane, Queensland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and TEE5 and govern your use of the TEE5 Service, superseding any prior agreements between you and TEE5 with respect to the TEE5 Service. The failure of TEE5 to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or be relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of TEE5, but TEE5 may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. TEE5 may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the TEE5 Service.
Last Revised August 2018