Legal notice

Customer-Supplied Artwork and Intellectual Property

When submitting any artwork, logo, name, photograph, illustration, wording, design or other material (“Customer Artwork”) to Print My Apparel, the customer represents and warrants that:

  1. the customer owns the Customer Artwork or has obtained all licences, permissions and approvals required for Print My Apparel to reproduce, modify where instructed, print and otherwise use it for the customer’s order;

  2. the Customer Artwork, and Print My Apparel’s use of it in accordance with the customer’s instructions, will not infringe any copyright, trade mark, design right, moral right, right of publicity, privacy right or other right belonging to another person or organisation; and

  3. the customer has authority to place the order and grant Print My Apparel permission to use the Customer Artwork solely for producing and fulfilling that order.

Customer responsibility

The customer is solely responsible for confirming that they have the legal right to use and reproduce all Customer Artwork supplied to Print My Apparel.

Print My Apparel is a printing and production service. We do not provide intellectual-property clearance, legal advice or trade mark, copyright or design-registration searches. Because intellectual-property rights may be registered or unregistered, may exist in Australia or overseas, and may arise across an extremely large and continually changing body of creative and commercial material, Print My Apparel cannot reasonably be expected to identify or independently verify every possible third-party right.

Our acceptance of an order does not mean that we have investigated, approved or confirmed the customer’s ownership of, or authority to use, the Customer Artwork.

Right to refuse or suspend work

Print My Apparel may refuse, suspend or cancel an order where we reasonably believe that the Customer Artwork:

  • may infringe another party’s intellectual-property or other legal rights;

  • has been supplied without appropriate permission;

  • is unlawful, misleading, defamatory, offensive or otherwise inappropriate for production; or

  • may expose Print My Apparel, its employees or contractors to a legal claim.

We may request reasonable evidence of ownership or written permission before commencing or continuing production. However, undertaking such a check in one case does not create an obligation to investigate other artwork or orders.

Claims and indemnity

To the extent permitted by law, the customer indemnifies Print My Apparel and its officers, employees and contractors against claims, losses, liabilities, damages, penalties and reasonable legal costs arising directly from:

  • the customer’s breach of the warranties in this clause;

  • an allegation that Customer Artwork supplied by the customer, or its use as instructed by the customer, infringes another party’s rights; or

  • false, incomplete or misleading information supplied by the customer about their ownership or authority.

This indemnity will be reduced to the extent that the relevant loss was caused or contributed to by Print My Apparel’s negligence, wilful misconduct or breach of law.

Infringement complaints

If Print My Apparel receives a credible intellectual-property complaint concerning Customer Artwork, we may pause production, withhold delivery, remove relevant material from our systems where reasonably necessary, or cancel the affected order while the matter is investigated. The customer must promptly provide any licences, permissions or other evidence reasonably requested by Print My Apparel.

Rights that cannot be excluded

Nothing in this clause excludes, restricts or modifies any right, guarantee, liability or remedy that cannot lawfully be excluded or limited, including applicable rights under the Australian Consumer Law.