Terms and Conditions
General and E-Commerce Terms and Conditions
Silikon Graphics website https://www.silikongraphics.com.au/ (“the Site”) is owned and operated by Silikon Graphics Franchising Pty Ltd trading as (“the Supplier/We/Us/Our”) trading as “Silikon Graphics”.
All users of the Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors, and licensees (collectively referred to as “the Silikon Graphics Entities”). This also includes any of the Silikon Graphics located within Australia (Silikon Graphics ). The Supplier and the Silikon Graphics Entities provide the Site so that customers are able to place online orders with participating Silikon Graphics . Some Silikon Graphics are independently operated and owned by franchisees.
By using, browsing and/or accessing the pages or services in the Site, as well as making any purchases, you acknowledge that you have read, understood, and agree to be bound by these General and E-Commerce Terms and Conditions (“T&C’s”). If you do not agree to these T&C’s, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers, Silikon Graphics Entities’ or Silikon Graphics liability to you. You further agree that you will not use the Site for any unlawful purpose. In the event that you do not wish to be bound by these T&C’s, please do not use browse or access the Site.
For the avoidance of any doubt, these T&C’s apply to the Supplier, the Site, Silikon Graphics , Silikon Graphics Entities and any third party associated with the Supplier on the Site, except where specifically stated otherwise.
We reserve the right to amend these T&C’s at any time and your use of the Site following any amendments will represent your agreement to be bound by these T&C’s as amended. We therefore recommend that each time you access our Site you read these terms and conditions.
All orders are accepted and handled in accordance with the conditions below and the customer accepted these conditions by using the Site.
The Supplier controls and operates this site on servers in a secure hosting facility in Sydney, New South Wales. These T&C's are governed by the parliament laws of Australia. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
Copyright, Site Content, Ownership and Use
The material on the Silikon Graphics website is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled and are reserved by the Supplier and the Silikon Graphics Entities.
The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
We give you a limited licence to access and use our information for personal use when you visit our website. The entire content included in this site, including but not limited to applets, graphics, images, layouts and text is copyrighted as a collective work under the Australian and other copyright laws and is the property of the Supplier and/or the Silikon Graphics Entities
Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with the Supplier, Silikon Graphics Entities or Silikon Graphics to purchase products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use or to place an order or purchase products from the Supplier, the Silikon Graphics Entities or Silikon Graphics .
Any other use, including but not limited to the reproduction, frame, download, store, communicate, show, play in public, adapt, change, distribution, display, transmission, adaptation or creation of derivative work of the content of this site is strictly prohibited unless authorised in writing by the Supplier. You further agree not to change or delete any proprietary notices from materials downloaded from the site. No trademark that is contained on this site or otherwise used by the Supplier may be used without prior, specific, written permission of the Supplier.
The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the Silikon Graphics Entities. The Supplier and/or the Silikon Graphics Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
All trademarks, service marks and trade names of the Supplier used in the site are trademarks or registered trademarks of the Supplier. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by the Supplier or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Competition and Consumer Act 2010 Cth: The Supplier provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and us but not otherwise. Nothing in these T&C’s are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then the Supplier relies on Section 64A of the Competition and Consumer Act. In that respect our liability to you for any breach of a Consumer Guarantee is limited to:-
Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Nothing in these T&C’s limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law
all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms are excluded; and
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products, services or these Terms (including as a result of not being able to use the products, services or the late supply of the products or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Limitation of Liability
Our total liability arising out of or in connection with the Site, services or these T&C’s, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services or products to you.
You expressly understand and agree that the Supplier, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
To the maximum extent permitted by any applicable law, the Supplier, the Silikon Graphics Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Site Supplier and/or the Silikon Graphics Entities exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site.
Nothing in these T&C’s shall limit or exclude the Suppliers or the Silikon Graphics Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the Silikon Graphics Entities liability shall be limited by the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless the Supplier, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all claims, demands, injuries, liabilities, losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In the event that the Suppliers product is mistakenly listed at an incorrect price, the Supplier reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Supplier reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Supplier shall issue a credit to your credit card account in the amount of the incorrect price.
Access is via the Site. You must be careful when entering your details, as you are solely responsible for any details entered on the Site and agree to indemnify the Supplier accordingly. Any order placed by you in the manner described in the Site is an offer by you to purchase a particular product or service for the price (including other charges) specified on the Site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for the goods ordered. Order cancellations cannot be made for any reason whatsoever.
You further agree that the Supplier may change the prices published on the Site at any time. Prices of products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order.
Use of Site
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site solely for the proper and reasonable purposes of:
Placing an order with the Supplier and/or the Silikon Graphics or using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including the Supplier or a Silikon Graphics or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene, or abusive material.
You must not upload, post, transmit or otherwise make available through this Site any material which:
violates or infringes the rights of others (including their privacy and intellectual property rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier and/or a Silikon Graphics or any other user from using the site;
affects the functionality or operation of the site or the Supplier servers or the functionality or operation of any user's computer systems (e.g., by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
In an attempt to provide increased value to our visitors, the Supplier may link to sites operated by third parties. However, even if the third party is affiliated with the Supplier, the Supplier has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Supplier. These linked sites are only for your convenience and therefore you access them at your own risk. Any link on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third-party website. You agree that the personal data you choose to give is not covered by the Supplier.
In particular, you acknowledge and agree that the Supplier has a partnership agreement with Canva and by using the Site, you agree to comply with the Canva Terms and Conditions https://www.canva.com/policies/terms-of-use/ in connection with your use of the Site.
Linking to our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
If your use of the Site, including but not limited to for the purpose of purchasing a product or service form the Supplier and/or a Silikon Graphics on behalf of another person or entity, i.e., other than yourself, your conduct warrants that you are authorised to enter into a contract on behalf of the person or entity.
Further, you will be liable for all costs irrespective of whether not the details of the person or entity are disclosed to the Supplier or the Silikon Graphics .
By acting on behalf of a person or entity, you agree to indemnify Silikon Graphics against any claim (of any nature) as a direct or indirect consequence of the person or entities use of the product or service provided by Silikon Graphics or the Supplier.
The Supplier and/or the Silikon Graphics will use its best endeavours to deliver the correct quantity ordered, however you acknowledge that quantities are considered estimates only and a condition upon a margin of a five percent (5%) being allowed for overs or shortages, which shall be charges or deducted as appropriate.
Our custom printed products have various shipping times based on the type of product and the value of the order. Every product page has a FAQ section below the pricing, in this FAQ section it states the time it will take to produce and ship your products after we have received sign off of your artwork.
In most circumstances, our production begins the first working day after your artwork proof approval. Please note that there is a cut off time of 5.00 PM for approving artwork to allow for production to commence the following day. All risk of loss or damage to the products passes to you when we despatch the products. However, please note the Supplier makes no guarantees in relation to shipping and the above timelines are subject to change, in particular in a force majeure event including but not limited to a natural disaster or pandemic.
Return & Refund Policy
It is the intention of the Supplier and/or the Silikon Graphics to provide our customers with products which meet the specifications stated on our Site as well as our customer’s expectations.
To enable the Supplier and/or the Silikon Graphics to provide products and/or services which meet your expectations, you are required to provide accurate and complete requests. This includes but is not limited to providing any documentation and information which is required by the Supplier and/or the Silikon Graphics . For the avoidance of any doubt, neither the Supplier or the Silikon Graphics will be held liable, and you will not receive a refund or return for any error or omission in your request, or the information provided.
By engaging the Supplier and/or the Site for the services and products, you acknowledge and agree that all products are custom printed with an artwork which is pre-approved by the customer. As such, you must choose and check your artwork carefully. Refunds will not be provided for any custom artworks. If there is a fault or mistake in your custom artwork, please contact the Supplier and if it is found that there is a fault or mistake, the custom artwork will be reprinted and provided to you by the Supplier.
In addition, you acknowledge and agree that colours appear differently upon computer screens. As such, the colour chosen on your computer screen may appear differently on your product. Further, the colour on your product may also be impacted by the printer used, as well as the materials in the product.
If it is essential that a Pantone (PMS) colour appears accurately on your product, it is your responsibility to advise the Supplier and/or the Silikon Graphics (whoever is responsible for your order) prior to the approval of your product. If you notify the Supplier and/or the Silikon Graphics prior to approval, the Supplier and/or the Silikon Graphics will take steps to achieve the closest possible colour match.
In the unlikely event that your expectations are not met, we ask that you take the following steps:
(1) Immediately contact the relevant Silikon Graphics which produced the goods and services, along with photos and a description of the problem.
(2) In the case that you are unable to reach a timely and mutual resolution with the Silikon Graphics , please immediately (not beyond 30 days from your purchase of the product) contact the Supplier with photos and a description of the problem, along with the reason a resolution could not be reached with the Silikon Graphics .
If it is found that your product is defective, the Supplier or the Silikon Graphics will arrange for the repair or replacement of the product. To be eligible for the repair or replacement of a product you must notify the Supplier and/or the Silikon Graphics within thirty (30) days of your purchase of the product.
In such an event, the Silikon Graphics and the Suppliers liability will be limited to the cost of repairing or replacing the goods. The Supplier and the Silikon Graphics will not be liable for any associated costs incurred by the customer as a result of a warranty claim. This includes, but is not limited to, the cost of installing the or removing printed materials that is the subject of the warranty claim. It is essential that all products are carefully inspected at time of receipt and approved or rejected by the customer prior to the customer arranging installation or usage of the products.
The Supplier and the Silikon Graphics reserves the right to decide if you are eligible for a full or partial refund, at our absolute and sole discretion.
Refunds are not offered for custom printed installed products.
Our Refund Policy does not affect your rights under the Australian Consumer Law, and you have consumer guarantees that cannot be limited by us. If your product is not of the acceptable quality, is not fit for its purpose or is different from its description or sample, then you may be eligible for a full refund.
All payments are made via PayPal. Please refer to PayPal terms and conditions for further information in relation to your privacy: Legal Agreements for PayPal Services - PayPal AU
Exclusion of Unenforceable Terms
Where any clause or term would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
The Supplier and/or the Silikon Graphics will not be liable for any loss, damage or expense suffered or incurred by you where such a loss is occasioned by any cause beyond the Supplier and/or the Silikon Graphics reasonable control, including and without limited the generality of the foregoing, by war, insurrection, pandemic, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales without giving effect to any conflicts of law or choice of laws principles. Any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.
No Assignment and Waiver
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.
The Supplier and/or the Silikon Graphics Entities failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.
Your connection to the Site will be through Australian servers and all personal and general information collected by us will be processed within Australia where Silikon Graphics servers and internal systems are located.
All prices are inclusive of GST unless otherwise specified.
Prices displayed on the Site are current at the time of issue but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
Further to the above, the prices of a particular product or service may be based upon work specified in quotations and/or proposals and/or further instructions provided by you. The labour costs specified in the quotations and/or proposals are either charged on an hourly rate or a project basis.
You acknowledge that some Silikon Graphics are independently operated by a Franchisee and so prices may vary from to .
The price you pay will be clearly indicated as you progress through your order and a final total will be displayed at the completion of your order. Prices paid by customers for online orders from a specific may differ from the recommended retail price.
Generally, all purchases made on the Site will be paid by a credit card, Visa, Master Card or PayPal. The price of the purchase will automatically be withdrawn. In some circumstances, you may be invoiced for the purchase made on the Site. This invoice must be paid by the specified due date on the invoice.
If an invoice is not paid by the due date, the Supplier or the Silikon Graphics may cease any further work on the engaged project until all outstanding invoices have been paid.
The Supplier and/or the Silikon Graphics may, at its sole discretion, charge interest amounts on outstanding invoices. The interest will be charged on a daily basis from the payment due date.
You may be liable for any and all costs, expenses or losses incurred by the Supplier or by the Silikon Graphics as a result of your failure to make payment.
All prices are in the Australian Dollar.
You acknowledge that in some circumstances, Silikon Graphics may employ, engage or contract third party companies and individuals for a number of reasons including but not limited to provide the services or products on the Suppliers behalf or to assist the Supplier in performing an analysis on how the service is used by you.
These third parties have access to your personal data to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. However, the Supplier does not accept any liability or responsibility if a Service Provider uses your Personal Data for any other purpose.
The products and services provided by the Site, Supplier and Supplier Entities may vary from time to time, at the sole discretion of the Supplier.
If you have a dispute with the Supplier or any of the Supplier Entities, you agree that you will undertake alternative dispute resolution mechanisms including negotiation, mediation and conciliation at the sole reasonable discretion of the of the Supplier.
These T&C’s can be modified at any time by the Supplier without any notice to you.
These T&C’s were last modified in June 2021.