These Terms of Service govern your use of the Clinkies website and your purchase of products or services from us.
The website is operated by Clinkies. In these Terms, “Clinkies”, “we”, “us” and “our” refer to this business.
By accessing our website, submitting an artwork request or placing an order, you agree to these Terms of Service and the policies referred to within them.
1. Eligibility
By using this website or placing an order, you confirm that you are legally capable of entering into a binding agreement.
If you place an order on behalf of a business, organisation, event or another person, you confirm that you have authority to act on their behalf.
2. Products and Services
We sell personalised stubby holders, drink holders, event products, promotional merchandise and related products or services.
Product descriptions, photographs, measurements and colours are provided as accurately as reasonably possible.
However, colours may vary between screens and finished products. Small variations in stitching, measurements, print placement, material texture and colour may occur during production.
3. Personalised Orders
Customers must provide accurate and complete customisation instructions.
This may include names, dates, wording, logos, photographs, artwork, colour preferences, product selections and quantities.
Production will not begin until all required information has been supplied and the final artwork has been approved, where approval is required.
4. Artwork Proofs and Approval
Artwork proofs are provided to help customers check the proposed design before production.
You are responsible for checking all details, including:
- Spelling and grammar
- Names and dates
- Logos and images
- Colours
- Product type
- Quantity
- Layout and positioning
By approving an artwork proof, you confirm that the design is correct and ready for production.
Once the artwork has been approved and production has begun, changes may not be possible and additional charges may apply.
5. Customer-Supplied Content
You retain ownership of any logo, photograph, design, wording or other content you provide to us.
By submitting content, you grant Clinkies a limited licence to use, reproduce, resize, adjust and print that content as reasonably necessary to prepare your artwork and fulfil your order.
You confirm that:
- You own the submitted content or have permission to use it
- The content does not infringe another person’s copyright, trademark, privacy or other rights
- The content is not unlawful, misleading, defamatory, offensive or harmful
- You have permission from any identifiable person shown in a submitted photograph
We may refuse to produce content that we reasonably believe is unlawful, infringing, abusive or inappropriate.
You are responsible for claims resulting from content you supplied without the necessary rights or permissions.
6. Clinkies Intellectual Property
Unless otherwise stated, the Clinkies name, branding, website content, product photography, layouts, graphics and original design templates belong to us or are used under licence.
You may not reproduce, copy, sell, distribute or commercially use our content without written permission.
Purchasing a product does not transfer ownership of our website content, templates or intellectual property.
7. Prices and Taxes
All prices are displayed in the currency shown on the website.
Unless otherwise stated, Australian prices include GST where GST is applicable.
Prices, promotions and product availability may change without notice.
The price payable is the price displayed and accepted at checkout, subject to correction of obvious errors.
8. Payment
Orders must be paid through one of the payment methods available at checkout.
Payments may be processed by third-party payment providers. We do not normally receive or store your complete card details.
An order is not confirmed until payment has been successfully authorised and we have accepted the order.
9. Order Acceptance
We reserve the right to refuse, limit or cancel an order where reasonably necessary, including where:
- A product or material is unavailable
- Pricing or product information contains an obvious error
- Payment cannot be authorised
- We suspect fraud or unauthorised activity
- Submitted content may infringe another person’s rights
- The requested content is unlawful or inappropriate
- We cannot reasonably meet the requested production requirements
If we cancel an order after payment has been received, we will provide an appropriate refund for the cancelled portion.
10. Order Changes and Cancellations
Changes and cancellations are subject to our Refund Policy.
Personalised orders may not be changed or cancelled after artwork approval and the beginning of production.
Customers should contact us immediately if they notice an error or need to request a change.
11. Shipping and Delivery
Shipping and delivery are governed by our Shipping Policy.
Delivery dates are estimates unless we expressly agree in writing to a guaranteed service.
Providing an event date does not create a guaranteed delivery commitment.
12. Returns and Consumer Rights
Returns, refunds and replacements are governed by our Refund Policy.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
13. Website Information
We make reasonable efforts to keep the website accurate and up to date.
Occasionally, the website may contain typographical errors, incorrect pricing, incomplete information or outdated product availability.
We may correct errors, update information or cancel affected orders where reasonably necessary.
14. Prohibited Use
You must not use the website:
- For unlawful or fraudulent purposes
- To infringe intellectual property or privacy rights
- To submit false or misleading information
- To transmit viruses, malware or harmful code
- To interfere with the security or operation of the website
- To scrape, copy or collect website data without permission
- To harass, threaten, abuse or discriminate against another person
- To impersonate another person or organisation
We may restrict or terminate access where these Terms are violated.
15. Third-Party Services and Links
Our website may use or link to third-party services, including payment providers, delivery providers, website tools, social media services and analytics platforms.
Third-party services operate under their own terms and privacy policies.
We are not responsible for third-party websites or services except to the extent responsibility cannot legally be excluded.
16. Website Availability
We do not guarantee that the website will always be uninterrupted, secure or error-free.
We may modify, suspend or discontinue parts of the website where reasonably necessary.
17. Limitation of Liability
To the maximum extent permitted by law, Clinkies is not liable for indirect, incidental or consequential losses arising from the use of the website or products.
Nothing in this section excludes liability or customer rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.
18. Indemnity
You agree to be responsible for losses, claims or reasonable costs arising directly from:
- Your unlawful use of the website
- Your serious breach of these Terms
- Content you supplied without the necessary rights or permissions
This section does not apply to the extent that the loss was caused or contributed to by Clinkies.
19. Severability
If any part of these Terms is found to be unlawful or unenforceable, that part will be limited or removed to the minimum extent necessary.
The remaining provisions will continue to apply.
20. Governing Law
These Terms are governed by the laws of Australia and the applicable laws of [STATE OR TERRITORY].
The parties submit to the courts and tribunals with jurisdiction in that location, subject to any rights the customer has under applicable consumer law.
21. Changes to These Terms
We may update these Terms from time to time to reflect changes to our services, business practices or legal obligations.
The latest version will be published on this page with the updated date.
