Terms of Service
We refer to FocusPrint as the “Company,” “we,” “us” or “our.” By visiting our website at https://focusprintonline.com (the “website”) you are accepting the practices described in this Privacy Policy. Our website may contain links to other websites operated and maintained by third parties. Other websites may also reference or link to our website. The Company is not responsible for the privacy practices or the content of such other sites. You should consult the individual privacy policies of those websites to determine their privacy practices before disclosing any information.
If you have any questions about this Privacy Policy, please contact us here: sales@focusprint.co.nz.
• What information we collect.
• What we do with the information we collect.
• How we may share information.
• How you can limit contact from us.
If you have any questions about this Privacy Policy, please contact us here: sales@focusprint.co.nz
Section 1 - Information We Collect
We collect information to deliver the products and services you request and to help improve your experience with us. We collect information from you in a variety of ways when you interact with our us:
a. INFORMATION YOU PROVIDE
We receive, and may store, any information you provide to us through our website or messaging channels. For example, we collect information that you provide when you begin the order process, submit document or print materials, send us an email, call us, sign up for our email offers. This information may include:
• Your name.
• Your mailing address.
• Your billing address.
• Your e-mail address.
• Your phone number.
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity.
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information.
Restrict or inhibit any other user or individual from using any of our Website, including, without limitation, by means of "hacking" or defacing any portion our Website.
(a) Any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights.
(b) Any confidential, proprietary or trade secret information of any third party.
(c) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us.
(d) Engage in spamming; transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other malicious items.
(e) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website.
(f) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website.
Section 2 - Making Purchases
If you wish to purchase any products or services through FocusPrint, we will ask you to supply certain information applicable to your purchase. This requirement includes, without limitation, payment methods and other information. We will treat any such information as described in our Privacy Policy. All information you provide to us must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), ACCOUNTS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanisms) at the prices in effect when such charges are incurred. Although the prices on our Website reflect our current prices, the price for any particular purchase made by you may change depending on your User Submitted Materials. You will also be responsible for paying any applicable taxes relating to your purchases, as our prices do not include taxes. Verification of information that applies to a purchase may be required before we accept any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. You can find current prices on our Website. The timing of performance and delivery estimates can change up to the point when they are confirmed.
We make reasonable efforts to display the attributes of our products and services accurately. This includes the applicable colors; however, the colors you see will depend on your electronic device system, and we cannot guarantee that your electronic devices will display such colors accurately. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s), and/ to refuse to provide any user with any product or service.
We will specify that, during the ordering process, whether we require payment in advance or following completion of your order, we may invoice you at any time for each order after you have received your order. You agree to pay any such invoices within the agreed number of days identified in the invoice. Customer accounts will be subject to credit limits; we may vary from time to time at our absolute discretion.
Where we require payment in advance, you must make a payment immediately at the time of your order. All payment must be made in clear funds, in full within the deadline stated on the invoice, without set-off or deduction. We may withhold work and/or terminate our agreement with you if the payment for an invoice is not received from you in full, on time, and in cleared funds.
You must make payment for all work in full by credit or debit card, check, bank transfer, or any other payment method identified by FocusPrint staff to the account designated by us.
Section 3 - Proofs
Review or order and proof is your responsibility.
Whenever you placed an order, you will be asked to confirm the documents and materials provided for approval before we begin production. You may download the proof if you wish. Your approval is required before we print and fulfill your order. It will be critical that you carefully review your order and the proof provided to you before the project is completed and your order fulfilled. We will start working to print and fulfill your order as promptly as possible after receiving your final approval. Any changes made or requested after a proof has been approved may not be honoured.
Section 4 - Delivery & Collection
We will arrange for your ordered items to be delivered to the address for delivery provided by you, alternatively you can elect to collect your order from us at: 1/1 Waterman Place, Woolston, Christchurch 8023.
We will use reasonable endeavors to deliver ordered items to you within 7 days of the date of confirmation of completion of your work. However, we cannot guarantee delivery by the relevant date. We guarantee, however, that unless there are exceptional circumstances, we will dispatch all deliveries within 30 business days of the later receipt of payment or the date of confirmation of completion of your ordered items.
Unless we expressly agree otherwise, we will only deliver work within New Zealand. Any international deliveries to which we agree may be subject to customs clearance, and local country restrictions may apply. We will not be responsible for any customs and excise charges that could occur from the import or export of your goods.
All ordered items, delivered or not, remain our property until we receive the payment in full. Until you make the payment, you shall retain such goods separately from other goods and mark them so that they are identifiable as our property. Additionally, any amount you receive for any sale of such goods must be held in a separate account in trust on our behalf.
We reserve the right to ship partial orders (at no additional cost to you). Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
Section 5 - Defective Products and Cancellations
If you wish to cancel an order, you will pay us in full for any costs or expenses incurred before the date and time when we receive written notice of your cancellation.
We reserve the right to cancel an order up to the point of delivery if it had an incorrect price or other administrative error on our part.
If you receive an item or product from us that, in your opinion, is defective, you must contact us immediately at sales@focusprint.co.nz. If we agree that the quality of the products is not satisfactory - or does not materially conform with your instructions or artwork - we may choose either:
a.) To reprint your order.
b.) To provide you with a full refund (or a refund for that part of the defective work).Where you wish to make a defective work claim, you must, on our request, return the products that are defective to us. Any such returns will be at your expense. If we agree that the item or products are not of satisfactory quality, we will refund the cost of returning the products (at the standard postal return delivery rate).
You must make any claims for damages, delays or partial loss in transit in writing to us - so it reaches us within 5 business days of delivery.
Section 6 - Third Party Sites, Services & Software.
focusprintonline.com may contain links or direct you to sites, software or services owned or operated by third parties. We have not categorically reviewed these third party websites to which you may be directed and we have no control over such third party websites.
We have no control over and are not responsible for:
(a) The content and operation of such third party websites. (b) The privacy or other practices of such third party websites.
We do not endorse such third party websites. We advise that you use or visit such third party websites only as a convenience.You are responsible for the costs associated with such third party websites, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third party websites.
Other sites may provide links to our website with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We reserve the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.
Section 7 - User submitted Materials
Any materials submitted by our customers, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant our designers and us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, publish, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you or your Customers request or to show you and/or your Customers how your User Submitted Materials would appear in our products or services. For example, when your Customers order a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging, and shipment.
YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE POSSESS ALL NECESSARY RIGHTS CONCERNING THE USER-SUBMITTED MATERIALS AND THAT THE USER-SUBMITTED MATERIALS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION OR OTHERWISE VIOLATE ANY COPYRIGHT, TRADE SECRET RIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER PROPERTY RIGHT OF ANY THIRD PARTY, AND THAT THE USER SUBMITTED MATERIALS ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, DANGEROUS, OBSCENE, OR OTHERWISE OBJECTIONABLE.
Should any User Submitted Materials contain your likeness, you consent to the use of your likeness and agree that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
We may remove user-submitted materials from our databases that violate these terms; however, we have no obligation to remove user-submitted materials in response to user reports or requests. We are not responsible for and will have no liability for the removal, non-removal, or loss of any User Submitted Materials from our Website. We recommend you keep backup copies of your User Submitted Materials on your hard drive or other personal system.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to our team. You may submit Feedback by emailing us at sales@focusprint.co.nz. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control about the feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use the feedback for any purpose.
Section 8 - Idemnification
You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from:
(i) Your violation of these terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein, or any applicable law.
(ii) Your user-submitted materials. (iii) your activities in connection with obtaining any products or services from us; or (iv) any activity related to access to or use of your account by you or any other person.
Section 9 - Ownership & Copyright
The website, and all items listed, offered, or displayed on the website, is our property or the property of a third party content supplier, and is protected by copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All website content that is not our property is printed or reproduced with permission under agreement with a third-party content provided. AS SUCH, ALL WEBSITE CONTENT AND MATERIALS FROM THIRD PARTY CONTENT SUPPLIERS IS PROVIDED “AS IS” FOR YOUR PERSONAL USE ONLY, AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCASTED, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY PURPOSE WHATSOEVER WITHOUT OUR PRIOR WRITTEN CONSENT.
You agree that we are not responsible for the copyright, compliance, or legality of any of such items provided by or on behalf of our third party content suppliers.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Website to do the same. New Zealand's Copyright Act 1994 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under New Zealand copyright law.
If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information:
(a.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b.) Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works).
(c.) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website.
(d.) The name, address, telephone number, and email address (if available) of the complaining party.
(e.) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f.) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Copyright Act 1994 allows you to submit a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by the Copyright Act 1994. For more information, you may refer to the New Zealand Intellectual Property Office at https://www.iponz.govt.nz. Copyright infringement notices and counter-notices regarding our website should be sent to: sales@focusprint.co.nz.
Section 10 - Disclaimer of Warranties
Except for the express warranties contained in these terms, our products and services, including all materials incorporated therein and products provided by or on behalf of our third-party content suppliers, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, we and our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Note: Certain applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. No statement of ours or any of our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates shall create any warranty other than those expressly contained in these terms.