Terms of service
Overview
Welcome to Display Systems Australia (DSA).
These Terms of Service apply to your use of the Display Systems Australia website, online store and related products and services.
Throughout these Terms, “DSA”, “we”, “us” and “our” refer to Display Systems Australia. “You” and “your” refer to the person, business, organisation or other entity accessing our website, requesting a quote or purchasing products or services from us.
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer products and services online.
By accessing our website, requesting a quote, placing an order or otherwise using our services, you agree to these Terms of Service together with our Privacy Policy, Refund Policy and any other policies referred to in these Terms.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable Australian law.
1. Access and accounts
You may browse our website without creating an account. Certain features may require you to provide information including your name, company name, email address, phone number, billing details, delivery details or payment information.
You agree that information you provide to us will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality of your login details and for activity conducted through your account.
You must notify us promptly if you believe your account has been accessed or used without authorisation.
2. Products and services
We make reasonable efforts to ensure that product descriptions, specifications, dimensions, photographs, illustrations and other information on our website are accurate.
Because many DSA products incorporate printed graphics, fabrics, substrates, aluminium components and other manufactured materials, minor variations may occur between products, production batches or displayed images.
Colours displayed on screens may also vary from the final printed product because of differences between monitors, devices, colour profiles, print processes, inks and materials.
Product specifications, designs and availability may change from time to time. We may modify or discontinue products where reasonably necessary.
Where a product is subject to a separate manufacturer's or DSA warranty, the warranty information displayed for that product forms part of the applicable product terms.
3. Quotes and orders
A quote issued by DSA is an invitation to place an order and is subject to the details, pricing, quantities, specifications, delivery arrangements and validity period stated in the quote.
An order placed through our website, by email, by purchase order or by another approved method constitutes an offer to purchase.
An order is accepted when DSA confirms acceptance or otherwise commences fulfilment of the order.
We may decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing or description error;
- payment cannot be processed;
- we cannot reasonably meet the requested production requirements;
- we reasonably suspect fraud or unauthorised activity; or
- accepting the order would breach applicable law.
If we cancel an order after receiving payment, we will refund amounts paid for products or services that will not be supplied.
Government departments, schools and approved account customers may place orders by purchase order where accepted by DSA.
4. Prices, GST and payment
All prices are in Australian dollars unless stated otherwise.
Our website may display prices inclusive and/or exclusive of GST. The applicable GST treatment will be shown before or at the time an order is confirmed.
Delivery, installation, artwork, design, handling and other additional charges are not included unless expressly stated.
Prices may change without notice, but a price change will not affect an order that has already been accepted by DSA unless the parties agree otherwise or an obvious pricing error has occurred.
You agree to provide accurate billing and payment information and confirm that you are authorised to use the payment method provided.
Where approved credit or account terms apply, payment must be made in accordance with those agreed terms.
5. Artwork, proofs and custom printing
Many DSA products are manufactured, printed or finished specifically for the customer.
Where artwork is required, you must supply artwork in accordance with our Artwork Guidelines or otherwise provide the information required for DSA to prepare artwork.
Where DSA provides a proof for approval, production may not commence until the proof has been approved.
It is your responsibility to carefully check the proof before approval, including:
- spelling and grammar;
- names, phone numbers and contact details;
- logos and branding;
- dimensions and proportions;
- colours;
- positioning and layout;
- images and other content; and
- any other information contained in the artwork.
Once artwork has been approved, changes may result in additional charges and may affect the production or delivery timeframe.
Approval of a proof confirms that you authorise DSA to proceed with production based on that proof.
Reasonable variation may occur between colours shown on screen or in a digital proof and colours produced by the final printing process.
6. Customer-supplied content and intellectual property
You retain ownership of artwork, logos, trademarks, photographs and other material supplied by you to DSA.
By supplying material to us, you grant DSA permission to use, reproduce, modify and process that material to the extent reasonably necessary to prepare proofs, manufacture products and fulfil your order.
You confirm that you own the material supplied or otherwise have the necessary permission to use it and authorise DSA to reproduce it.
You are responsible for claims arising from material supplied by you where its reproduction by DSA in accordance with your instructions infringes another person's intellectual-property rights.
DSA may refuse to reproduce material where we reasonably believe doing so would be unlawful or infringe another person's rights.
7. DSA intellectual property
The DSA website and its content, including text, product designs, photographs, graphics, videos, logos, trademarks and other material, are owned by or licensed to DSA and are protected by applicable Australian and international intellectual-property laws.
This includes DSA-owned brands and product names, including registered trademarks where applicable.
You may view and use our website for legitimate personal or business purposes associated with considering or purchasing DSA products and services.
You must not reproduce, republish, distribute, commercially exploit or modify DSA content without our prior written permission except where permitted by law.
8. Production and lead times
Any production, completion, dispatch or delivery date provided by DSA is an estimate unless expressly agreed otherwise in writing.
Unless otherwise agreed in writing, production lead times commence once DSA has received any required payment or approved purchase order and final artwork has been approved.
Production times may depend on factors including:
- receipt of payment or an approved purchase order;
- receipt of suitable artwork;
- artwork approval;
- product and material availability;
- quantity ordered; and
- the nature of custom manufacturing required.
If information or artwork required from you is delayed, the estimated completion date may also be delayed.
We will take reasonable steps to meet agreed or estimated timeframes and will notify you where we become aware of a material delay.
9. Shipping, delivery and collection
Delivery charges and available delivery methods will be advised through our website, quote or order confirmation where applicable.
Delivery dates are estimates unless expressly guaranteed in writing.
DSA is not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, transport disruptions, extreme weather, industrial action or other events beyond our control.
You are responsible for providing complete and accurate delivery details.
Where goods are collected from DSA, responsibility for the goods passes to you when they are collected by you or your authorised representative.
For delivered orders, risk in the goods passes when the goods are delivered to the nominated delivery address, except to the extent applicable law provides otherwise.
10. Returns, refunds and consumer guarantees
Returns, exchanges and change-of-mind requests are governed by our Refund Policy.
Custom printed, personalised or made-to-order products may not be eligible for change-of-mind returns as set out in that policy.
Nothing in our Refund Policy or these Terms excludes or limits rights you may have under the Australian Consumer Law.
Where the Australian Consumer Law applies, goods and services come with consumer guarantees that cannot be excluded by these Terms.
Depending on the circumstances and the nature of a failure, you may be entitled to remedies including repair, replacement, refund, cancellation or compensation as provided by law.
11. Warranties
Some DSA products are supplied with an express product or hardware warranty.
The applicable warranty period and conditions are those stated on the relevant product page, quotation, warranty document or order documentation.
Any express DSA warranty operates in addition to, and does not replace or restrict, rights available under the Australian Consumer Law.
12. Third-party tools and services
Our website may provide access to tools, forms, payment facilities, applications or other services operated by third parties.
These may include services embedded within the DSA website.
Third-party services may be subject to their own terms and privacy policies. DSA is not responsible for the operation of third-party services except to the extent required by applicable law.
13. Third-party links
Our website may contain links to websites operated by third parties.
We do not control those websites and are not responsible for their content, security, availability or practices.
You should review the applicable terms and privacy policies before providing information or entering into transactions with third parties.
14. Relationship with Shopify
Display Systems Australia is powered by Shopify, which provides technology that enables us to operate our online store.
Purchases made from the DSA store are transactions directly between you and Display Systems Australia.
Shopify is not the seller of DSA products and is not responsible for the manufacture, supply, delivery or performance of products purchased from DSA.
15. Privacy
Personal information collected through our website and services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our online store is hosted by Shopify, certain personal information may also be processed by Shopify and other service providers used to operate the website and fulfil transactions.
Please refer to our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.
16. Feedback and reviews
If you voluntarily submit a product review, testimonial, suggestion or other feedback to DSA, you grant us permission to use and reproduce that material for legitimate business and promotional purposes.
You confirm that any feedback or content submitted by you:
- is accurate to the best of your knowledge;
- does not infringe another person's rights;
- is not unlawful, defamatory or misleading; and
- does not contain malicious software or other harmful content.
We may remove content from our website where we reasonably consider it unlawful, misleading, offensive or otherwise inappropriate.
17. Errors and inaccuracies
Occasionally our website may contain errors or omissions relating to product information, availability, pricing, promotions, specifications, delivery charges or other information.
We may correct genuine errors and update website information when they are identified.
If an error materially affects an order you have already placed, we will contact you and provide an appropriate option, which may include confirming the corrected details or cancelling the affected item and refunding the applicable amount.
18. Prohibited uses
You must not use our website or services:
- for an unlawful or fraudulent purpose;
- to infringe intellectual-property or privacy rights;
- to transmit malicious software;
- to interfere with the security or operation of our website;
- to obtain unauthorised access to systems, accounts or data;
- to harvest personal information unlawfully;
- to send spam or unsolicited communications;
- to impersonate another person or business; or
- in any manner that materially interferes with another person's use of the website.
We may take reasonable technical measures to protect our website and systems from abusive, fraudulent or unauthorised access.
19. Automated agents
Automated or semi-automated software, artificial-intelligence agents, bots or similar systems must not access or interact with our services in a manner that:
- conceals or misrepresents that the interaction is automated;
- attempts to bypass CAPTCHA, access controls or security measures;
- interferes with the normal operation of the website;
- places unreasonable demands on our systems; or
- otherwise breaches these Terms or applicable law.
We may limit automated access where reasonably necessary to protect our systems, customers or business.
20. Suspension and termination
We may suspend or restrict access to our website or customer accounts where reasonably necessary because of:
- a material breach of these Terms;
- fraudulent or unlawful activity;
- misuse of our systems;
- a material security risk; or
- a legal or regulatory requirement.
Where reasonably practicable, we will provide notice before taking such action.
Termination or suspension does not affect rights or obligations that arose before termination.
21. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Subject to those rights and to the maximum extent permitted by law, DSA is not responsible for indirect or consequential loss that was not reasonably foreseeable as a result of our breach.
DSA is not liable for loss caused by:
- your failure to follow product instructions or reasonable care requirements;
- unauthorised modification or misuse of a product;
- inaccurate information, specifications or artwork supplied by you; or
- circumstances outside DSA's reasonable control,
except to the extent DSA is liable under applicable law.
22. Indemnity
To the extent permitted by law, you are responsible for loss or claims reasonably incurred by DSA to the extent caused by:
- your unlawful use of our services;
- your material breach of these Terms; or
- content or artwork supplied by you that infringes a third party's rights.
This section does not apply to the extent that the loss or claim was caused or contributed to by DSA.
23. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent possible or otherwise severed.
The remaining provisions will continue to apply.
24. Entire agreement and waiver
These Terms, together with our applicable policies, accepted quotation, order confirmation and any other terms expressly agreed between DSA and you, form the agreement governing the relevant transaction.
A failure or delay by either party to exercise a right does not constitute a waiver of that right.
Where there is an inconsistency between these Terms and specific terms expressly agreed by DSA in writing for an order, the specifically agreed terms will prevail to the extent of the inconsistency.
25. Assignment
You must not transfer your rights or obligations under an accepted order without DSA's prior written consent, which will not be unreasonably withheld where the proposed transfer does not materially prejudice DSA.
DSA may transfer its rights or obligations as part of a genuine sale, restructure or transfer of its business, subject to applicable law.
26. Governing law
These Terms are governed by the laws of New South Wales, Australia and applicable Commonwealth laws.
Subject to any rights to bring proceedings elsewhere under applicable law, the parties submit to the jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.
27. Changes to these Terms
We may update these Terms from time to time to reflect changes to our business, website, services or applicable law.
The current version will be published on this page together with the date it was last updated.
Changes will apply prospectively unless applicable law requires otherwise.
Where a material change affects an existing accepted order, the terms applicable when that order was accepted will continue to apply unless the parties agree otherwise or the law requires a different result.
28. Contact information
Questions about these Terms of Service can be sent to:
Display Systems Australia (DSA)
18–20 Punch Street
Artarmon NSW 2064
Australia
Phone: 02 9663 5333
Email: info@displaysystems.net.au
ABN: 98 602 530 834
For information about returns and refunds, please refer to our Refund Policy.
For information about personal information and privacy, please refer to our Privacy Policy.