Terms and Conditions
These Terms of Service ('Terms') govern your use and access to our private 3D print model review, costing and collaboration facility ('Services'), through our website 3dconnect.pro[stl.one] ('Site') and form a binding contractual agreement between you, the user of the Site and us, ASB Industrial Innovations Pty Ltd (ABN 61 611 714 464) ('us', 'our', 'we', 'ASBII').
For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at firstname.lastname@example.org.
By using our Services and visiting our Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you are using our services for an organisation, you are agreeing to these Terms on behalf of that organisation. If you do not agree to the Terms, you must not use the Site.
|The Services available to you vary depending upon whether you interact with our free Service or as a Priority 3dConnect member. These terms apply to all Services offered by us to consumers, and the Terms apply to providers of 3D printing services and sales who list their details on the Site ('Suppliers').
|When you use our Service, you will be able to upload 3D print model files, share access to the files with third parties by private collaboration hyperlinks (including with Suppliers) and synchronise your private user interface across multiple devices.
|Our Services do NOT include facilities for messaging other users.
OWNERSHIP AND USE OF YOUR FILES
|You retain ownership of Your Material and you do not give us any rights to Your Material, except to the limited extent necessary for us to provide the Services.
|To provide you with our Services, including hosting Your Material, facilitating collaboration with others, and connecting you with Suppliers, we require limited access to Your Material. We will not as a matter of course view Your Material, however we require access to provide our Services to you. You consent to us having access to Your Material to provide our Services and give effect to these Terms. Your consent extends to any affiliates and trusted third parties we work with.
|If a third party has any proprietary or moral rights in Your Materials or any other content, you add to the Site you must also ensure that the third party consents to our use of the Materials.
SHARING YOUR MATERIALS
|Our Services allow you to share Your Material with others. We recommend you exercise caution when sharing Your Material with third parties.
|We do not provide any guarantees in relation to the use of Your Material when shared with a third party. We recommend you form your own agreements with third parties to protect Your Material prior to sharing it.
LICENCE TO USE SITE
|We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
|You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner.
|You must not add any content to the Site:
|unless you hold all necessary rights, licences and consents to do so;
|that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
|that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
|that would bring us, our Services or the Site, into disrepute; or
|that infringes the intellectual property or other rights of any person.
|The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
|You acknowledge and agree that:
|we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
|the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
|We may be paid remuneration from Suppliers for advertising on the Site.
|Suppliers are third parties and if you engage a Supplier from the Site, the engagement is between you and the Supplier. Any rights and obligations arising from the engagement of a Supplier is between you and the Supplier, not ASBII.
|We do not verify information provided by Suppliers on the Site and we recommend that you conduct your own inquiries before engaging a Supplier.
|Suppliers who list information on our Site hereby warrant and represent to ASBII that:
|the Supplier provides 3D printing services and/or printer sales;
|the Supplier is a registered business operating in Australia; and
|all information provided to ASBII and through the Site is true and correct and is not misleading in any way.
|Suppliers will be responsible for and indemnify ASBII against liability for all loss, damage or injury to any person or property caused as a result of the Supplier’s breach of these Terms.
INTELLECTUAL PROPERTY RIGHTS
|Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
|You retain all ownership rights to Your Materials and we will only use Your Materials in accordance with clause 2.2 and 2.3 of these Terms.
|The licence in clauses 4.1 to 4.3 above will survive any termination of these Terms.
|You represent and warrant to us that you have all necessary rights to grant the consent set out in clause 2.2 of these Terms.
|You are responsible for your own conduct. You must not misuse our Services or assist anyone else to. You must not do or try to do any of the following:
|probe, scan, or test the vulnerability of any system or network;
|breach or circumvent any security or authentication measures;
|access, interfere with or use non-public areas or parts of the Services, or shared areas of the Services that you have not been granted permission to use;
|interfere with or disrupt any user or network;
|access, search or create accounts for the Services other than through public interfaces (e.g. scraping);
|send unsolicited communications, promotions or advertisements;
|send false or misleading information through the Site; or
|promote or advertise products or services without permission.
|We may review your use of the Service, including Your Material for compliance with these Terms, however we have no obligation to do so. We are not responsible for the content people post and share through the Service.
|We recommend you use strong passwords when using the Services and keep all passwords secure. You should not give third parties access to your passwords.
|You must only use the Services in accordance with the laws of Australia, and the country in which you reside.
MEMBERSHIP (Priority 3dConnect)
|We offer access to our Service on annual basis (365 day) or a monthly (30 day) basis. Payment must be made upfront upon purchase. Learn more...
|You will be provided access to the privileged contact details of our suppliers for the period either 12 months or 30 days commencing on the date of your purchase.
|We reserve the right to charge GST on any amounts paid for the Services.
|You may pay for the Service in regular automatic instalments in which case you authorise ASBII to deduct the corresponding amount from your nominated transaction account by selecting the Auto-renew membership option. The payments will be deducted from your account 1-2 day(s) into the next period.
|Membership will automatically renew for the next period (30 days or 365 days), provided you have selected the Auto-renew option (as detailed in clause 8.4 above), located above the ‘Sign out’ button. If you do not want your membership renewed or would prefer to pay at an alternative convenience, you should de-select this option.
|If a membership payment is declined or not paid when due, we may in our sole discretion cease providing our Services to you.
|You will be liable to pay all expenses incurred by ASBII arising from a default in payment by you, including but not limited to debt recovery costs, legal fees and disbursements on an indemnity basis.
|The obligation to pay membership fees under these Terms survives termination of the Terms.
|Refunds are not provided for a change in mind, and will only be provided as required by the Australian Consumer Law.
|We may charge Suppliers a fee at any time, however we will give notice to you using the private contact details provided by you on the Supplier signup form.
|If your account is hacked you must notify us immediately. We may suspend your account while undertaking an investigation of the hack.
|We will use our best endeavors to keep all information which we acquire about you strictly private and confidential, including Your Material. We will not disclose such information to any person without obtaining your prior written consent, unless we are required by law to do so.
|You undertake to keep all information which you acquire about us, and about users, including material uploaded to the Site by other users, strictly private and confidential. You must not disclose any information obtained through the Site to any person with the prior consent of the person who disclosed it to you ('Discloser'). You must only use information disclosed to you for the purpose stated by the Discloser.
|A breach of clause 9.2 gives rise to a breach of these Terms and gives us the rights that apply when a breach of these Terms apply. However, to have a right against another party you should consider forming individual agreements when sharing Your Material to protect the use of Your Material.
|You represent and warrant to us that:
|you have the legal capacity to enter these Terms; and
|you have complied with clause 4.3 of these Terms.
|To the full extent permitted by law, we exclude all liability in respect of loss of data, loss or corruption of Your Material, interruption of business or any consequential or incidental damages.
|To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
|These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
|supply the Services again; or
|pay you the cost of having the services supplied again.
|You will be responsible for and you indemnify ASBII against liability for all loss, damage or injury to any person or property caused as a result of your breach of these Terms.
|These Terms terminate automatically if, for any reason, we cease to operate the Site.
|You are free to stop using the Site at any time. Clause 8.8 of these Terms applies to the cessation of paid membership.
|We may otherwise terminate these Terms immediately, on notice to you, if:
|you have breached these Terms in any way;
|you use the Services in a manner that would cause a real risk of harm or loss to us or other users; or
|you fail to pay your membership fees as and when due.
|We will provide you with reasonable notice, where we have your contact details, to allow you to remedy the activity that has caused us to notify you and give you the opportunity to remove any of Your Material from our Service. If after that notice, you fail to take the steps we have asked you to take we will terminate or suspend your access to the Service and the Site.
|Any dispute or difference arising between you and ASBII out of or in connection with these Terms ('Issue'), should first be negotiated between you and ASBII.
|You and ASBII agree to negotiate any Issue in good faith.
|Where an Issue is not resolved within thirty (30) days of the Issue arising, either you or ASBII may give the other party a written request to agree to the appointment of an arbitrator.
|Failing agreement of an arbitrator within fourteen (14) days after notice being given under clause 14.3 above, upon the application of either you or ASBII, the dispute shall be determined by an arbitrator to be appointed by the President for the time being of the Victorian Bar.
|The parties are to share equally the cost of the arbitration.
BREACHES OF THESE TERMS
|If we suspect that a breach of these Terms has occurred, we may, at our discretion:
|issue a formal warning;
|suspend of prohibit access to the Site;
|take legal action against you;
|suspend or delete your account; and
|report a matter to law enforcement.
|If we suspend, or block your access to our Site, or cancel your account, action taken by to circumvent these measures will be considered as a further breach of these Terms.
|You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
|If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
|We may assign our rights to any of our affiliates, subsidiaries or to any successor in interest of any business associated with the Services.
|We may revise these Terms from time to time. If an update affects your use of the Services we will notify you prior to the change taking effect. If you do not accept the changes we make, please cease using the Services prior to the changes coming into effect. By continuing to use the Services and the Site after the changes are made, you agree to be bound by the updated Terms.
|This Agreement is governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria.