Terms Of Service
Terms of Service
Introduction
Welcome to the Transfer Pros website, managed by Smart Initiatives Pty Ltd. Throughout the site, the terms "we," "us," and "our" refer to Transfer Pros. By accessing or using this website and any information, tools, products, or services available through it, you agree to comply with and be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, conditions, policies, and notices referenced herein.
By using our website or placing an order through Transfer Pros or its affiliated platforms, you acknowledge that you are entering into a legally binding agreement. You consent to adhere to these Terms and any other policies referenced herein. You also agree to use the website only as specified in these Terms.
We reserve the right to modify these Terms and the website at our sole discretion, without prior notice.
Disclaimer
We act solely as a printing service and assume no liability for the designs provided by you. You are responsible for any legal issues or ramifications arising from your designs and agree to indemnify us against such issues.
Intellectual Property Rights
We respect intellectual property rights and expect you to do the same. By using this site, you agree to comply with Transfer Pros Intellectual Property Policy, which is incorporated into these Terms by reference. You also agree to follow any additional guidelines, restrictions, or rules posted on specific sections of the website.
If you intend to resell products made using our services, you must possess the necessary intellectual property rights for the designs. You agree to hold Transfer Pros harmless in the event of any legal issues related to your designs.
You are prohibited from using our services to produce content that is unlawful, harmful, hateful, or otherwise objectionable. We reserve the right to reject orders that we deem inappropriate and may ban the user and/or their IP address in such cases.
Intellectual Property Claims
If you believe that your intellectual property rights have been violated, please review our Intellectual Property Policy and fill out the appropriate forms or contact our designated intellectual property agent in accordance with the Digital Millennium Copyright Act (DMCA). To initiate this process, please start a live chat on our website and request assistance from an agent.
Knowingly misrepresenting infringement may subject you to liability under Section 512(f) of the DMCA.
Privacy Policy
Your privacy is of paramount importance to us. Please refer to Transfer Pros Privacy Policy, which is incorporated into these Terms by reference, to understand how we collect and use your personal information.
Limitation of Liability and Indemnification
All information and materials provided on this website are offered "as is," without any warranties, express or implied. We do not guarantee that the website will be error-free, uninterrupted, or secure.
By using the website, you agree to indemnify, defend, and hold harmless Transfer Pros and its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the website, your violation of these Terms, or your infringement of any third-party rights.
Payment, Shipment, Returns, and Cancellation Policy
For information regarding returns and cancellations, please refer to the following links:
Returns and Refunds
Cancellation/Satisfaction Guarantee
Governing Law
These Terms are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the use of the website will be resolved in the state or federal courts located within Australia. Both parties consent to the exclusive jurisdiction and venue of these courts.
You agree that any claim or cause of action arising out of or related to these Terms must be filed individually and not as a plaintiff or class member in any purported class or representative proceeding.
Affiliate Program Terms and Conditions
Participation in our Affiliate Program is subject to these Terms and Conditions. We reserve the right to approve or reject any affiliate registration at our discretion. The program includes various tools and commission structures detailed on the Affiliate Guide page.
Acceptable and Unacceptable Use
Affiliates are expected to adhere to ethical practices. Unacceptable behaviors, such as spamming or misleading potential customers, will result in immediate removal from the program.
Commissions and Payments
Payments are made according to the commission structure outlined in the Affiliate Guide. All transactions are subject to review and verification.
Removal from the Program
To withdraw from the Affiliate Program, please contact us through our website chat or the contact form available on our website.
Miscellaneous
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Section headings are for convenience only and do not affect the interpretation of these Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SMS Marketing Consent
By consenting to Transfer Pro's SMS marketing during the checkout process and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (including order updates and abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews. Message frequency varies. Consent is not a condition of purchase.
To unsubscribe from receiving text marketing messages and notifications, reply with "STOP" to any mobile message sent from us or use the unsubscribe link provided in any of our messages. Alternative methods of opting out, such as using other words or requests, will not be considered a reasonable means of opting out.
We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Standard message and data rates may apply. For any questions, text "HELP" to the number you received messages from or contact us for more information.
We reserve the right to modify any telephone number or short code we use to operate the service at any time, and you will be notified of such changes. You agree that any messages you send to a telephone number or short code we have changed, including any "STOP" or "HELP" requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for any failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, or any actions you may or may not take in reliance on the information or service.
By consenting to TheTransferPros's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at orders@thetransferpros.com for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy https://thetransferpros.com/policies/privacy-policy to determine how we collect and use your personal information.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
https://thetransferpros.com/pages/contact
6 N. Washington St, Kennewick, WA 99336
USA