This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.shimble.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Spoke Software Pty Ltd (ACN 602 388 287) (“Spoke Software”).
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on 01 October 2014.
The terms "us" or "we" or "our" refers to Spoke Software, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Placing and Completing an Order
You may place an order with Spoke Software by completing the order form on the Website. When you place an order, Spoke Software will issue you with an order number that will be sent to your designated email and can be reviewed in your account. By placing an order, you make an offer to us to purchase products you may have designed, we have pre-designed or any other product you have selected, based on these Terms of Service.
Formal acceptance of your offer to us 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. Spoke Software reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion or as required by law.
Payment of Your Order
If you decide to purchase any product from the Website, you agree to promptly pay the associated fee with methods provided to you by Spoke Software. You agree that if you trigger a chargeback request through your financial institution or credit card provider that Benjamin Spoke reserves the right to no longer conduct business with you.
Returns and Refunds
Spoke Software’s complete returns and refund policy can be found in our Returns and Exchange Policy. This policy forms part of this Terms of Service and we agree to provide refunds in accordance only with our Returns and Exchange Policy.
Credit Card Security Policy
Spoke Software, through our payment gateway, Stripe and third party security provider GeoTrust, employs Secure Sockets Layer (SSL) technology to secure transactions with its Users. Spoke Software, will not be held responsible for any damages or losses (direct or indirect) suffered by a user whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this Website.
Products Supplied by Spoke Software
Subject to these Terms of Service, Spoke Software agrees to supply to you the Products indicated on your order form and confirmation. Where supply is unavailable or out of stock, Spoke Software will contact you by phone or email as soon as possible.
All images of products shown on Spoke Software are displayed as representation only. The actual shirt is custom made based on the parameters you input and may differ to the represented images. Your refund and exchange right for your custom made product is subject to the Spoke Software’s Returns and Exchange Policy.
Spoke Software has taken care to accurately display where possible the colours, fabrics and patterns shown on its Website. The quality, hue, saturation, brightness, contract and colour you will see will depend on the specification of the hardware used to display the Website. As such, Spoke Software takes no responsibility or guarantee that the product will match exactly to the product shown on its Website.
When your order items have been dispatched, we will notify you to confirm that shipment of your order has taken place. Where appropriate, we will include a tracking number from our Shipping Partner for consignment (if applicable).
Production and Delivery Time of your Products
All Spoke Software products are custom made per order. The production of your custom made Spoke Software product will begin immediately upon receipt of your payment and confirmation by us of your payment. Delivery time of your product may take up to 40 working days from the date your payment is received.
All efforts are made to ship your order according to the estimated delivery times provided. Estimated ship times may vary depending on your location or due to changes in supply or circumstances beyond our direct control. We make no guarantees that our product will be delivered within this time frame and should your product not arrive within the estimated delivery time, you agree that you will contact us before taking any further action.
Spoke Software will deliver your products purchased on its Website (to the address indicated on your order form and confirmation) through Express Parcel Post which may require signature on delivery. If no person is available to accept our delivery, our Shipping Partner may leave a delivery card for you to make contact for alternative delivery arrangements. You agree that any redelivery fee required by our Shipping Partner will be borne by you. Title and risk of loss to all products will pass to you upon delivery and receipt of your product to you.
Customs and Duties
Any customs or duties are the responsibility of the customer and not Spoke Software. Spoke Software takes no responsibility for the costs of customs or duties imposed by your country of domicile for products purchased on our Website. You may review a list of customs and duties that may be applicable in your country by contacting us or checking with the relevant authorities for your country. Spoke Software takes no responsibility for the accuracy of this information presented on our Website.
Legal Compliance and Your Responsibilities
You agree that Spoke Software 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 using our customisation tool, photographs submitted by you to Spoke Software for use on its Facebook, Instagram, Twitter, LinkedIn or other social media pages or blog and photographs of shirts made by Spoke Software for you and sold to you. You agree that Spoke Software is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes. All designs created on Spoke Software remains the property of Spoke Software.
Intellectual Property, Trademarks and Copyright
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without explicit prior written permission of the corresponding service mark/trademark owner.
Our Website is also protected under Australian and international copyright, trademark and intellectual property laws. The copying, redistribution, use, or publication by you of any portion or content of our Website (including but not limited to our custom design tool, images, or technology) is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites, unless otherwise stated. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Spoke Software has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Secure Access Policy
Spoke Software, at your election, may assign you an account or login credentials to enable you to access and use certain portions of the Website. Access and authentication may also be granted through third party authentication such as Facebook, Twitter, Google, Instagram, LinkedIn or other social media authentication methods. Spoke Software takes no responsibility for authentication through third party methods.
Each time you use your account or login, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms of Service. Spoke Software 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 account or login originally assigned to you whether or not such access to and use of the Website is 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 account and login credentials assigned to you. You will immediately notify Spoke Software of any unauthorised use of your account or login or any other breach or threatened breach of this Website's security.
Our Legal Terms shall be treated as though it were executed and performed in Victoria, Australia and shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Spoke Software under our Legal Terms shall survive the termination of our Legal Terms.
Warranty Disclaimer and Limitation of Liability
The materials and information provided on this Website and related communications are provided on and "as is" basis. Spoke Software 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. Spoke Software, 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.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions about our Terms of Service, please contact us.