These Terms of Usage govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Usage and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

Rat Pack Group Pty Ltd reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.


About the Website

The Website is operated by Rat Pack Group PTY. LTD (ACN 632 870 047). Access to and use of the Website, or any of its associated Products or Services, is provided by Rat Pack Group. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by ­­the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Rat Pack Group reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rat Pack Group updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Our Services consists of products, computer programs, widgets, services and websites hosted or made available by Rat Pack Group, which you may use for uploading, storing, downloading and transmitting any number of text and images.

We undertake to provide our Services according to the images and instructions submitted by registered customers. If the submission is successfully accepted by us, we will start working and deliver the edited images to the customer within a timely matter.


Registration to use the Services

In order to access the Services, you must first register for an account through the Website (the ‘Account‘).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • Email address
  • Preferred username
  • Password
  • Business Name
  • Name
  • Address
  • Credit Card Details
You warrant that any information you give to Rat Pack Group in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered user of the Website (‘Registered User‘) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with Rat Pack Group; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Registered User

As a Member, you agree to comply with the following:
  1. you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rat Pack Group of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Rat Pack Group  providing the Services;
  5. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Rat Pack Group  for any illegal or unauthorised use of the Website; and
  7. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
You agree that you will not post, place or transmit any of the following material or obtain any such material using the Service:
  1. any threatening, defamatory, abusive or inappropriate material or any material that could give rise to any civil or criminal liability under applicable law;
  2. any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
  3. any material sent from an anonymous or false address;
  4. any material that promotes bigotry, racism, hatred or harm against any individual or group;
  5. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. any material that contains inappropriate or naked images of minors.
Any person uploading any material that contains inappropriate or naked images of children will immediately have their accounts suspended and all material and account information will be surrendered to the Australian Federal Police.

Payment

Where the option is given to you, you may make payment for the Services (the ‘ Services Fee‘) by way of:
  • PayPal (‘PayPal‘)
  • eWay
  • Stripe
  • Credit Card
  • BPAY
  • Any other payment method approved by us.
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Rat Pack Group  can vary the Services Fee at any time without notice. 

Refund Policy

We are not required to provide a refund or replacement if you change your mind however if you can choose a refund or exchange if an item has a major problem. This is defined by the Australian Consumer Law (ACL) as an item that;
  • has a problem that would have stopped someone from buying the item if they had known about it; 
  • is unsafe;
  • is significantly different from the sample or description; or 
  • does not do what we said it would, or what you asked for and it is not able to be easily fixed. 
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. 

If the problem is not major, we will repair the item within a reasonable time (normally within 7 days). if it not prepared in a reasonable time you might be able to choose a refund or replacement. 

Copyright and Intellectual Property

The Website, the Services and all of the related products of Rat Pack Group  are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Rat Pack Group trading or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Rat Pack Group, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a registered user to:
  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.
Rat Pack Group does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Rat Pack Group.
Rat Pack Group retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
Rat Pack Group retains all copyrights and titles of all designs produced until a final design is approved by you.
Rat Pack Group retains all copyrights and titles to any and all designs rejected by you. Once a design is rejected by you, you forfeit any and all rights to that design and may not use them in any way.

Rat Pack Group reserves the right to us part of, or as a whole, any designs reject by you at a later date in other designs.

Rat Pack Group reserves the right to photograph any item produced by Rat Pack Group and to use the photographs as advertising on but not limited to Facebook, Instagram, printed material and our website without notice. If photographs of your order are used you may contact us to have digital versions removed by email us at [email protected]

Privacy

Rat Pack Group  takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Rat Pack Group's Privacy Policy, which is available on our Website.

The artwork from your submission are not accessible to the public unless you have explicit consent to grant us your permission to publish your artwork to our online portfolio or in promotional materials.

You may contact us to delete the artwork at any time. When the artwork is deleted from our account, they will no longer be accessible to you or others who may access your account, but there may continue to be residual copies due to the nature of the computer system’s operation and ongoing data back-up and archiving.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Rat Pack Group will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Rat Pack Group make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Rat Pack Group) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Rat Pack Group; and the Services or operation in respect to links which are provided for your convenience.

Limitation of liability

Rat Pack Group’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Rat Pack Group, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Rat Pack Group as set out below.
If you want to terminate the Terms, you may do so by:
  • providing Rat Pack Group with 14 days’ notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where Rat Pack Group has made this option available to you.
  • Your notice should be sent, in writing, to Rat Pack Group via the ‘Contact Us’ link on our homepage.
Rat Pack Group may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Rat Pack Group  is required to do so by law;
  • the provision of the Services to you by Rat Pack Group is, in the opinion of Rat Pack Group, no longer commercially viable.
Subject to local applicable laws, Rat Pack Group reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Rat Pack Group’s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Rat Pack Group, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

Refund Policy

We are not required to provide a refund or replacement if you change your mind however if you can choose a refund or exchange if an item has a major problem. This is defined by the Australian Consumer Law (ACL) as an item that;
  • has a problem that would have stopped someone from buying the item if they had known about it; 
  • is unsafe;
  • is significantly different from the sample or description; or 
  • does not do what we said it would, or what you asked for and it is not able to be easily fixed. 
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. 

If the problem is not major, we will repair the item within a reasonable time (normally within 7 days). if it not prepared in a reasonable time you might be able to choose a refund or replacement. 

Dispute Resolution

We are not required to provide a refund or replacement if you change your mind however if you can choose a refund or exchange if an item has a major problem. This is defined by the Australian Consumer Law (ACL) as an item that;
  • has a problem that would have stopped someone from buying the item if they had known about it; 
  • is unsafe;
  • is significantly different from the sample or description; or 
  • does not do what we said it would, or what you asked for and it is not able to be easily fixed. 
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. 

If the problem is not major, we will repair the item within a reasonable time (normally within 7 days). if it not prepared in a reasonable time you might be able to choose a refund or replacement. 

Refund Policy

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
 
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
  • Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Brisbane, Queensland Australia and will occur in person.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Rat Pack Group is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.


Revision Requests

Revision request are time-bound. We will provide free revisions within 14 days from the date that artwork proofs are provided to you for your approval. Please visit the Revision Policy for detailed policy

Storage Times

Submission will be accessible to download by the client for 180 days from the date the work was completed, after this time they will be securely achieved. Retrieval of any artwork after this day will incur a significate retrieval fee which is available upon request and is payable before retrieval. You are responsible for downloading all artwork within the time frame