Terms and conditions

Last updated: October 3, 2014

The following paragraphs outline the terms and conditions of the legal agreement between the user and Engineer3D and its affiliates. These terms and conditions govern the use of the services offered (“Engineer3D Services” or “Services”) and the use of www.engineer3d.com.au (the “Engineer3DWebsite” or “Website”).

By using the Engineer3D Website, the user acknowledges having read, understood and agreed to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If the user does not agree with these Terms and Conditions, the Engineer3D Services and Website should not be accessed.

Engineer3D services

The Engineer3D Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website.

If the user wants to turn a 3D model into reality, the user can place an order with us to have it manufactured. At a charge for the service, Engineer3D will manufacture the model (i.e. print it with 3D printing technology) in our materials and ship it. The user can also order models designed by other Engineer3D members. Engineer3D allows browsing of the Website for models in our Gallery, and to place an order for the manufacturing of an available model.

Further, Engineer3D offers other services and community features through the Website including a forum, a blog, tutorials etc. where a user can get in touch with other users or share experiences.

 

Account Terms

Users must be at least eighteen (18) years of age to use this Service. If under 18, the user may use engineer3d.com.au only with involvement of a parent or guardian. The user must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service, and be responsible for maintaining the confidentiality of the service account and password. Engineer3D will not be liable for any loss or damage from a failure to maintain the security of an account and password. We reserve the right to refuse service to, or terminate service of anyone at any time without notice for any reason.

 

Ordering

Placing an order

To order the model you designed, the user should click on the Quote button and click on Upload to select the model. Then select the quantity of the model and the material of the mode. The user can then provide us with information for the delivery of the model. Finally the user will be redirected to the payment provider’s website to initiate payment.

Unacceptable orders, cancellation of orders by us

If a model is available through our Website (in the Gallery section), the basic assumption is that it can be produced. There are however technical or other reasons why Engineer3D may not accept or cancel an order during the entire ordering process, even after our acceptance of the order. (Such reasons can be for example but not limited to the unfeasibility of the model, the infringing feature of your model (see our Notice Take Down Procedure the destination of the delivery indicated in the order etc.

In case we cancel the order we will contact the user via email and the payment will be refunded.

Prices in the Gallery

The prices displayed in the Gallery are only indications and are valid only for the moment that they are displayed. Engineer3D reserves the right to change its prices in the Gallery without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the Gallery. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be refunded.

Payment and price

The amount indicated on the ordering page includes the fee for the Service (such as printing and packing the model). The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in Australian dollars.

Acceptance

After accepting an order Enginneer3D will send an order confirmation by e-mail address associated with the user’s Engineer3D account. The order confirmation will be effective as of the date on which the order confirmation is sent. If we cannot accept an order the user will be contacted by email. The user should verify the details in the confirmation email. If there are errors contact us as soon as possible by sending an email to customer service.

Shipping

An order will be delivered to the shipping address. We will use our commercially reasonable efforts to ship the model to the shipping address within the delivery time indicated in our confirmation email nevertheless depending on the shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred upon delivery for the carrier for shipment.

Cancellation of your order, return of models

Due to the personalised feature of our Services (i.e. the model is supplied by us based on your specifications), after payment you cannot cancel your order. However we may consider accepting your cancellation, if you contact us via email within 10 days after receipt of the model or when the order has not put into production yet.

 

Warranty

Engineer3D warrants only that the model manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. Engineer3D does not give any warranty about the models and does not guarantee that the model will be fit for any particular purposes. Please inspect the model upon receipt immediately. If the model is faulty when received and it is believed that there is entitlement to a replacement in accordance with the warranty above, please contact Engineer3D within 10 days after receipt of the model. Do not return the model unless required to by Engineer3D. We will confirm whether the user is entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.

Engineer3D does not warrant that the use of the Website and the Services will be uninterrupted or error free.

Engineer3D does not make any warranty other than those made expressly in these Terms and Conditions to the fullest extent permitted by law. Engineer3D hereby expressly disclaims any representations or warranties of any kind, expresses or implied, including without limitation warranties of merchantability, fitness for any particular purpose, or non-infringement.

Please note that the materials we use for manufacturing the models make models suitable for decorative purposes and they are not suited for any other purpose. The models are not suited to be used as toys, to be given to children. The models should not come in contact with electricity, food or liquids and should be kept away from heat.

 

Use of the Engineer3D website

Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Engineer3D or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Engineer3D is strictly prohibited. The user also agrees not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to:

  • The Service developed and provided by us;

  • All software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.

This Website may provide links to other websites that are not under the control of Engineer3D. Engineer3D shall not be responsible in any way for the content of such other websites. Engineer3D provides such links only as a convenience, and the inclusion of any link to any such websites does not imply endorsement by Engineer3D of the content of such websites.

Since the Engineer3D Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavour to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.

 

User generated content

The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by a user, including but not limited to all uploaded 3D designs, pictures of 3D objects, pictures of any model, comments on the Website, specifications provided in an order for a model, as well as the printed model we create for you based on User Generated Content.

All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights.

Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.

Engineer3D has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of Engineer3D.

In order to keep Engineer3D and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content, Notice-Take-Down Policy”.

Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our businesses, including without limitation for promoting and redistributing part or all of the Website or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). The user also hereby does and shall grant each user of the Website and/or the Services a non-exclusive license to access User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect the users other ownership or license rights in their User Generated Content, including the right to grant additional licenses to User Generated Content, unless otherwise agreed in writing. The user does represent and warrant that they have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

 

Intellectual property rights in the 3D design

The user, as a designer, retains all intellectual property rights in the 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, Engineer3D shall not use, modify or display your 3D design or derivatives thereof. By uploading a 3D design, the user warrants that it is an original creation and not copied from any third party and/or entity. The user warrants that your User Generated Content will not infringe the intellectual property rights of third parties. Should User Generated Content nevertheless be found to be infringing and/or in violation of any law, the user will defend Engineer3D against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Engineer3D with respect to such claims.

By uploading a 3D design to the Website, the user grants Engineer3D a non-exclusive, royalty free worldwide transferable license on the design:

  • To use it for the manufacturing of the model in order to fulfil an order; and if the user so indicates during the upload process:

    • Display it on the Engineer3D Website;

    • Use and modify it for the manufacturing of the model in order to fulfil the order of any other Website user.

You can change these rights via the model detail page of the 3D design at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.

By removing a 3D design from the Website the user terminates all licenses granted to Engineer3D to such 3D design under these Terms and Conditions. Engineer3D is however entitled to use the 3D design to fulfil orders of the 3D design that were placed before the removal; and to use the 3D design for promotional purposes, which license shall terminate 6 months after the removal of the 3D design. 3D designs are only used for promotional purposes with the users explicit consent.

Note, specific terms in the Co-Creator section: As a customer of a Co-Creator model, by providing specifications for a Co-Creator model, you grant Engineer3D a non-exclusive, royalty free worldwide transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.

Please note that any intellectual property right of a Co-Creator model created by the Engineer3D shop owner with the use of your specifications will vest in the shop owner who created the Co-Creator model.

 

Consent to use of personal data

By using our Services the user agrees that Engineer3D may collect and use personal data. Such information collected through this Website shall only be used in accordance with the Engineer3D Privacy Statement. For more information please read the Engineer3D Privacy Policy.

 

Limitation of liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Engineer3D Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

Engineer3D will not be liable for any loss of income, loss of profits, loss of contracts, loss of data for any indirect, incidental, exemplary, special punitive or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, warranty or otherwise.

Our maximum aggregate liability under these terms and conditions whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee received from the user by Engineer3D for the relevant order.

Nothing in these Terms and Conditions shall limit or exclude our liability:

  • For death or personal injury caused by our gross negligence;
  • For fraud;
  • Any breach of the obligations implied by applicable compulsory national laws as to title;
  • Any liability which cannot be excluded by law.

 

Applicable Law

These Terms and Conditions shall be governed by the laws of Australia, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Australia. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Engineer3D Services or Website or relating to the models ordered and delivered, shall be brought in the federal and state courts located Australia.

 

Indemnification

The user agrees to indemnify and hold Engineer3D and its affiliates, distributors, dealers, agents and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable lawyer’s fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

 

Change of the Website, the Services and these Terms and Conditions

Engineer3D reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.

 

Miscellaneous

These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by Engineer3D represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Engineer3D. No amendment of these Terms and Conditions shall be binding upon Engineer3D unless in writing and signed by Engineer3D. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

 

Contact information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email.

Should the user experience any problems, please contact us and we will do our best to fix it as soon as possible. Since we always want to improve our services, we welcome all feedback. Engineer3D may contact a user to ask about the user’s experiences.

 

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