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user agreement

This user agreement ("agreement", "terms") governs your use of doodlewear's online store as a 'Contributing Artist'. It is important you read the agreement below. Using this website means you accept this agreement. By selling your art through doodlewear's online store, you express your understanding and agreement that you are bound by these terms, in addition to the Site Terms. If you are unwilling to be bound by this agreement and the www.doodlewear.co.nz Site Terms, you may not use doodlewear's online store.

If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on doodlewear – and have a look at our Terms & Conditions page for more information.

Introduction

doodlewear is an online space where NZ creatives can share and sell their art in a wearable form and on homewares.

To make this space for creativity available, it is essential all doodlewear users respect the intellectual property rights of others, including copyright and trademarks. You must only provide and upload content you have created yourself and have permission to use and authorise others to use. 

Legal Agreement

All contributing artists ("user", "artist", "you", "your") to the doodlewear website at www.doodlewear.co.nz ("the website") are entering a binding legal agreement on the following terms (the "agreement") when using the website. The agreement is between the user and ALM Creative Ltd – the company behind doodlewear ("doodlewear", "we", "us", "our") and use of this website indicated continued acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form ligating binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with doodlewear or by displaying information about the changes on our home page, or both. Your continuing use of the website will be taken to be acceptance of the new terms.

Our service

doodlewear provides a range of services (the "doodlewear service") which, amongst other things, enable you to publish, sell and purchase art on garments and homeware; and receive the benefits of doodlewear's facilitation of product fulfilment, including payment processing, customer services, third-party product manufacturing and printing. In addition, doodlewear will arrange for the delivery of the physical product to your customer.

The digital content on the website ("your content") may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users. Any content that you upload or we upload on your behalf onto your page/section of the site is described as your "art". Your art may be viewed by all users of the website once you elect to publish it. If you or a customer decide to place an order, then doodlewear will forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer ("the product").

Contributing Artist (aka. Members)

You can become a registered contributing artist ("artist" or "member") of the website by contacting info@doodlewear.co.nz. You will be required to choose a username which will be displayed as your artist name on your page. You must become a member before placing any content on the website. In its sole discretion, doodlewear may refuse any username that it decides is inappropriate and/or refuse any person from becoming a member. doodlewear may also refuse any specific art of a member from being uploaded onto the website should it decide it is inappropriate for the site.

Any information you choose to publish in the product information sections may be viewed, distributed or linked to within the website or in the course of delivering the doodlewear service. 

Putting content on the doodlewear site

You keep the copyright in any content you submit or upload to the website. In order to receive the doodlewear services you grant doodlewear a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the website you represent and warrant that:

  • you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
  • the content you upload will not infringe on the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
  • your use of the website will comply with all the applicable laws, rules and regulations;
  • the content does not contain material that defames or vilifies any person, people, race, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • the content does not include malicious code, including but not limited to viruses, Trojan horses, worms, time comes, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
  • the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.

doodlewear reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and/or cancel your account, because the content breaches your agreement with us and/or any applicable laws, or otherwise. You a free to indemnify doodlewear in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

Offering your art for sale on a physical product

Any member may offer their art for sale on a physical product on the website by appointing doodlewear to facilitate the transaction on the terms set out in the Services Agreement in Appendix A (see further down this page). By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.

Subscription membership fee

As a member, you will pay a subscription fee ("plan") of either $3.37 (inc gst) per week when paid annually (A $175 NZD (inc gst) payment, once per year), or $5.31 (inc gst) per week when paid month to month (A $23 NZD* (inc gst) payment, once per month). This fee is non-refundable. Should you choose to terminate your membership with us, this fee will not be refunded either partially or fully. We may at times waive this fee as a promotion in which the length of time will be indicated to you. We will email an invoice in PDF form to your registered email address, either annually or monthly depending on your selected plan. This is to be paid within 7 days, or as otherwise indicated on the invoice. Should the payment not be made in time, you will receive one reminder email. Should we still not receive the payment, your account will be suspended and your page and products no longer are available on our site.

The invoice may be paid via online banking to the bank account indicated on the invoice. 

*As each month has uneven days/weeks, we've calculated the average, and set $23NZD (inc gst)/per month to be the monthly fee.

Set up fee

Initial set-up is free of charge for first-time contributing artists/members. If you cancel/discontinue your subscription, we will remove all your work from our site. Therefore for returning contributors, a set-up fee of NZD$20 (inc gst) will be charged to rebuild your pages.

Product uploads

Everything is done manually by doodlewear. Thus once your initial set-up and product upload are complete, we have a limit of 12 new product uploads maximum per month (excluding the peak Christmas promotion season months to focus on marketing and accommodate increased sales and despatch), per member.

Paying you after your product is sold

We will pay you via online banking to the bank account you provide us with. Payment terms are explained in the Services Agreement (see further down this page). 

You instruct doodlewear to cancel incorrect orders

You acknowledge that despite our reasonable precautions products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

You authorise us to cancel an order if we believe that it is being made in a contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer's credit card has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit / or refund the customer's credit card account for the amount in question.

Delivery

Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. doodlewear will charge shipping charges to the customer which will vary depending on the shipping option selected. And/or may vary depending on the size and weight of the product(s).

Damaged Goods

If a physical product is delivered to a customer, that is damaged/faulty in some way (for example, ripped t-shirt, stained) doodlewear will happily contact the manufacturer or seller to issue a replacement of the product after receiving reasonable proof of that damage. 

If you have made an order for yourself (for example, to sell at a market) and have received a damaged/faulty product, then you must email info@doodlewear.co.nz within 48 hours of receiving your order, providing us with your order details and the extent of the damage and photos. All faulty items need to be returned within 7 days from the date of your parcel delivery. Once the item has been received it will undergo a quality review. Once cleared, we will replace a faulty item if a replacement is in stock and available. If we do not have a replacement available, we will offer you either a doodlewear credit or a refund to the value of the item at the time of purchase and any shipping costs incurred. The same policy as customer returns applies to you, read more here.

It is the customer and member's responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

Availability & Out of Stock

All items on doodlewear's online store are subject to availability. As we source from AS Colour, we have no control over their stock availability. Should the goods the customer has ordered become not available, we will contact the customer. Garment options (for example, t-shirt style / sku) may change from time to time in accordance with AS Colour supplies.

Excess Inventory

You grant doodlewear permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.

Reporting inappropriate content to doodlewear

Occasionally members may inadvertently or deliberately submit and display content that breaches this agreement which is missed/unknown to doodlewear.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. doodlewear reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by emailing info@doodlewear.co.nz with the link to the page. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by contacting us. Click here to read about doodlewear intellectual property and publicity rights.

Specific warnings

You must ensure that your access to this website and the doodlewear service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the doodlewear service does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the doodlewear service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the doodlewear service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them from acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

By submitting listings to doodlewear, you grant doodlewear a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with doodlewear's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the doodlewear site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the doodlewear site a non-exclusive license to access your content through the site and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the doodlewear site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.

Should you choose to discontinue your membership with us, we will keep your files for 3 months thereafter in case of any misunderstanding and/or for putting through any last orders that had been submitted prior to your notification of membership termination. After 3 months we will delete all copies that we have and notify any relevant third party (i.e. printers) to do the same.

All intellectual property rights in this website and the doodlewear service (including the software and systems underlying the doodlewear service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorised by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information, products or services obtained from any part of this website,

without our written permission.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner that may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the doodlewear service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the doodlewear service or these websites will be uninterrupted.

You acknowledge that the doodlewear service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however, caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied in these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

1. if the breach relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and

    2. if the breach relates to services:

    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

    This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

    Indemnity

    You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

    • your breach of any clause of this agreement;
    • any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
    • your activities in connection with the website.

    This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

    Privacy policy

    doodlewear respects your privacy. Your privacy is very important to us and we will never rent or sell your personal information to any third party for marketing purposes. We will not give out your personal information or contact details to customers without your permission. We hold no responsibility for customers that find and contact you via other ways (for example, social media). Should a customer contact you seeking customer service for products of doodlewear, ask them to send an email to info@doodlewear.co.nz and we will get back to them. Click here to view our full privacy policy.

    Security of information

    No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

    Termination of access

    Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

    Dispute Resolution

    Any dispute arising from or relating to these user agreements and/or our provision of services to you must be resolved in a court of competent jurisdiction in New Zealand. All disputes shall be governed by the laws New Zealand without regard to its conflict of law provisions.

    You and doodlewear agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and doodlewear agree that any cause of action arising out of or related to the doodlewear site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    If you have a dispute with one or more users or sellers, you release doodlewear (and doodlewear's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

    General

    We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

    If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

    You may close your account at any time by emailing us at info@doodlewear.co.nz.

    This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    APPENDIX A – SERVICES AGREEMENT

    You wish to use doodlewear's services to facilitate the marketing and sale of your art on a physical product and to arrange for the manufacture of the physical product ("your product") once an order has been made through www.doodlewear.co.nz ("the website"). doodlewear will provide these services on the terms set out in this Services Agreement. Additionally, doodlewear will provide for the delivery of such products to the customer.

    1. Services

    1.1 doodlewear, acting as an independent contractor under your instructions will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you, doodlewear will arrange for third parties to fulfil those orders by facilitating payment for and manufacture of your products (“Services”). doodlewear will then arrange for the delivery of your products as per the customer’s instructions.

    1.2 doodlewear will provide the Services pursuant to this agreement until termination in accordance with its terms.

    1.3 You agree that doodlewear is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their art over the website, including any art that is the same as, or similar to, your products.

    2. License and standing instructions

    2.1 You grant doodlewear a non-exclusive royalty-free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.

    2.2 You hereby instruct doodlewear to facilitate the sale of your product which includes payment, processing and arranging for manufacturing your product (s) in respect of the orders placed by the customers via the website and doodlewear will facilitate such payment, and manufacturing in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.

    3. Sale of your products

    3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third-party manufacturer, doodlewear's fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and doodlewear’s fee are referred to collectively, and inclusive of tax, as the “base amount”), your creator margin (“your margin”), and any relevant sales tax (such as Sales Tax, GST, etc) that doodlewear and/or you (as the case may be) are liable to account for to the appropriate tax authorities. Shipping charges will also be added to the retail price. When making each individual work available for sale you are able to choose any percentage markup you wish, greater than or equal to zero, above the base amount but below the automated upper limit set by doodlewear (subject to change from time to time). The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.

    3.2 You may change the percentage markup on top of the base amount at any time by informing us. We may change the base amount at any time without specific notice to you and this will not affect the dollar value of your margin (e.g. if we increase our base amount, your margin will remain the same). The retail price will not change on an individual sale after a customer has submitted an order to the website.

    3.3 doodlewear will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.

    3.4 You agree that doodlewear makes no representation that it will be able to procure an order for your products, whether at the retail price or at all nor that you will obtain any benefit by entering into this Services Agreement.

    3.5 All items purchased from the website are manufactured pursuant to arrangements with third-party suppliers under your instructions. This means that title and risk for loss for such items pass from you to the customer/purchaser without passing through us prior to the goods being delivered to the customer by doodlewear under the customer’s instructions.

    4. Payment terms

    4.1 You authorise doodlewear to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause 4. doodlewear will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.

    4.2 You authorise doodlewear to deduct the base amount (which includes doodlewear's margin for facilitation services, including tax where applicable) from the sales proceeds for your products before distributing your margin (which will include tax where applicable).

    4.3 We will pay your margin via online banking to the bank account you register with us. We will only pay to NZ bank accounts. This will usually take place between the 15th and 20th days of the month. If there is a delay in processing your payment, you will be notified via email.

    4.4 You may at any time request that we pay you the full amount in your account. We will endeavour to pay you this amount within 7 days of your request. An NZD$15 (inc gst) administration fee will apply to this payment and will be deducted from this payment.

    4.5 It is your responsibility to ensure doodlewear has current details of your postal address and bank account details. doodlewear will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified doodlewear of any amendment to the payment method details in that time your margin proceeds will be forfeited to doodlewear or donated to a charity of our choice.

    4.6 On the first of each month, doodlewear will send you an email outlining your artist's commission entitlement for the previous month. You must then send an invoice to doodlewear for this commission amount by the 10th of the month. This invoice is required by law. If you are registered for GST, you must include GST in your invoice. There is no GST component if you are not GST registered. If your invoice is not received in time for the monthly payment run on the 15th, this commission (your margin) amount will be carried over to the next month.

    5. Taxation responsibility

    5.1 Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include Sales Tax, GST and other transactional taxes.

    5.2 doodlewear will not collect or pay taxes on your behalf as doodlewear is merely acting as an agent in facilitating the sale of your product to the customers. As stated in clause 4.2 of this Agreement, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. 

    5.3 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

    6. Indemnity

    6.1 You hereby indemnify and will keep doodlewear indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.

    6.2 This clause 6 will survive the termination of this Services Agreement.

    7. Limitation of liability

    7.1 In no case will doodlewear be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

    8. Terminating this agreement

    8.1 You can give notice of termination of this Services Agreement by notifying us via emailing info@doodlewear.co.nz as described in the User Agreement.

    8.2 doodlewear may give notice of termination of this Services Agreement to you in writing at any time.

    8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorise us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.

    8.4 Upon termination of this Services Agreement by either party, doodlewear will pay you any accrued member margin proceeds from your account, less a NZD$15 (inc gst) administration fee.

    9. Artist third-party collaboration engagement

    Artists must always contact doodlewear for a discussion and agreement before engaging and/or entering into third-party agreements involving any doodlewear products, as we are in partnership and it impacts us as well. Examples include, but are not limited to, giveaways, articles, commissioned doodlewear artwork, charitable activities, and so on.

     

    – end of user agreement –

     

    If you would like to read about the Terms & Conditions binding the customers of this site, see here.