Terms of Use

This section contains the Terms of Use (“Terms”) that apply to the entire website under the top level domain name of joebutton.com (“Website”) and to any contracts entered into with Joe Button Pty Ltd. (ABN 69 147 768 456) (“Joe Button”).

Please take a few minutes to review these Terms carefully. Your use of the Website constitutes your agreement to abide and be bound by these Terms, regardless of whether you create an account with Joe Button or make a purchase. If you do not agree with any of these Terms, please do not use the Website.

If you breach any of the Terms, you are prohibited to continue using the Website. If you do not agree with any part of these Terms you should leave this Website now.

Joe Button reserves the right to add to, delete or change these Terms periodically and without notice with revisions posted to this page. By continuing to use the Website, you agree to be bound by these revisions. We are not obliged to notify you of any changes but will endeavour to alert you to any significant changes.

Placing Your Order

You may place an order with Joe Button by completing the order form on the Website and clicking the "Proceed to Order" button.

When you place your order, we will issue you with an order number that will be sent to your designated email. By placing an order, you make an offer to us to purchase the shirt/s you have designed, pre-designed or any other product you have selected, based on these Terms.

Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shirts or other products.

Formal acceptance of your offer will occur when we email you confirming your order. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

Joe Button reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Your responsibilities

You agree not to post or transmit to the Website any material which:

1. is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or
2. is not properly licenced for use on this Website,
3. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
4. constitutes or encourages an illegal act - including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world,
5. infringes on the rights of a third party in any country in the world, or
6. has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).

You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.

You may not reverse engineer, decompile, or disassemble the Joe Button 3D shirt builder, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You agree that Joe Button owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shirts designed by you using the Joe Button 3D shirt builder, photographs submitted by you to the Joe Button blog and photographs of shirts custom made for and sold to you. Joe Button is free to copy, distribute or incorporate such material into the Website for commerical or non-commerical purposes.

Copyright / Trademark

You must comply with all proprietary and copyright notices on this Website. This Website is owned by Joe Button and subject to copyright. The information on this Website is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:

(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; 

(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or

(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Joe Button.

Any software that you download from this Website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.

All trademarks, logos, brands and names appearing on this Site are the property of their respective owners.

Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Joe Button.

Secure Access to Joe Button

Joe Button may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms. Joe Button has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Joe Button of any unauthorised use of your password or identification or any other breach or threatened breach of this Website's security.

Payment

If you decide to purchase a shirt or other product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a "chargeback" through your credit card provider we reserve the right to no longer conduct business with you.

Returns & Refunds

Our returns policy can be found in our FAQs here. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.

Credit Card Fraud

Joe Button, through our payment gateway, eWay, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. Joe Button, however, will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.

Supply Of Products

Subject to these Terms, we will supply to you the Products indicated on your order confirmation.

When designing your Joe Button Shirt/s, the images displayed are a representation only. The actual shirt that is custom made for you may differ to the represented images. Your ability to return your custom shirt/s is subject to the Joe Button return policy, which can be found in our FAQs.

Furthermore, we have done our best to display as accurately as possible the colours and patterns of the fabrics shown on the Website. As the colours you see will depend greatly on your monitor, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item (if applicable).

Delivery Of Your Products

The making of your custom tailored Joe Button shirt and delivery time takes up to 20 working days from the date your payment is received.

In all instances estimated delivery times will be displayed at the checkout for your product. Joe Button makes every effort to deliver your custom tailored shirt or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom Joe Button shirt or other product has not arrived after the estimated delivery time, please contact us.

We encourage you to visit your Account section on our website to view the delivery status of your custom Joe Button shirt or other product.

Unless otherwise agreed by us, we will deliver your custom shirt or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom Joe Button shirt or other product from your local Post Office.

We will use our reasonable efforts to deliver your custom shirt or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all products will pass to you on delivery.

Customs and Duties

Any customs or duties are the responsibility of the customer. To review a list of customs and duties that may be payable in your country visit our FAQs.

Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs. Joe Button is not responsible for bearing the costs of customs or duties imposed.

Submissions and Shirt Designs

Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Joe Button, including but not limited to, shirt designs, photographs, ideas, advice, know-how, techniques, questions, reviews, comments, messages or other communications (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Joe Button shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Joe Button. You also grant Joe Button the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Joe Button will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Joe Button or third parties as to the origin of any Submissions or Content. Joe Button may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Third Party Sites

This site may contain links to third party sites. Joe Button is not responsible for the condition or content of those sites as they are not under Joe Button's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Joe Button of the sites or the products or services provided on the site.

You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.

General

You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Joe Button. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

Under the Australian Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Joe Button for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Joe Button, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).

Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Joe Button reserves the right to change the Terms at any time.

No Joe Button employee or agent has the authority to vary any of the Terms.

Force Majeure

Joe Button shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Joe Button, and Joe Button will be entitled to a reasonable extension of time for the performance of such obligations.

Disclaimer and Liability

The materials and information provided on this Website and related communications are provided on and "as is" basis. Joe Button assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. 

Joe Button, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence. 

Governing law and severability

This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.