Terms of service

Terms of Service

At iMagnet, we’re all about turning your memories into something beautiful and to make that happen smoothly, we’ve outlined the important terms of service that guide how we operate.  These terms and conditions help protect both you and our business, ensuring transparency, clarity and trust throughout your iMagnet experience.  By placing an order with us, you’re agreeing to the terms and conditions outlined below, so we recommend you having a read before getting started.

OVERVIEW
This website is operated by iMagnet. Throughout the site, the terms “we”, “us” and “our” refer to iMagnet. iMagnet offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These terms and conditions apply to all purchases made and use of custom photo magnets and eGift cards from iMagnet.  By placing an order, you agree to be bound by these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display and/or mobile device of any color will be accurate, even with comparing to your print product.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

eGIFT CARD USE - Redemption + Expiry - eGift cards are valid for 3 years from date of purchase (unless stated otherwise) and  must be redeemed online at www.i-magnet.com.au.  eGift cards can be applied to multiple orders until the balance is used up.  Remaining balances are displayed automatically during checkout and can also be checked via the eGift card link in the original email or by contacting us.  Expiry dates are managed automatically by Shopify an are visible on the eGift card email. At checkout, simply add your gift card code in the ‘Gift card or discount code’ field an apply the balance to your order.  Any remaining balance after this period will be forfeited and the card will be deactivated. They can be applied towards any product available on our website, at the time of redemption.   They cannot be redeemed for cash, or transferred to another gift card.  

eGIFT CARD DELIVERY - eGift cards are delivered electronically and automatically via email to the recipient’s email address provided at checkout.  You (the purchaser) are responsible for ensuring that the recipient’s email address is entered correctly.  We are not responsible for eGift cards sent to incorrect or invalid email addresses.  Hardcopy gift cards are not available.

LOST, STOLEN OR DELETED eGIFT CARDS - Please treat your eGift card like cash.  We are not responsible for lost, stolen, or deleted eGift cards and they will not be replaced or refunded.  We may be able to re-send the eGift card to the original purchaser’s email address however, we cannot guarantee replacement if the card has been used!  If you suspect any unauthorized use, please contact us immediately.

eGIFT CARD REFUNDS - eGift cards are non-refundable and cannot be exchanged for cash or credit, except where required by law.  If you make a purchase using our eGift card and later return that item (within our refund/returns policy guidelines), the refund will be issued back to the original eGift card. For more information, please see our Refund Policy.

SHIPPING, USING eGIFT CARDS - When you redeeming your eGift card on products on our website, please note that shipping fees still may apply.  If the total cost of your order (including product price and shipping) exceeds the balance available on your eGift card, you will be required to pay the difference at checkout, using an accepted payment method.  eGift cards cannot be used to cover shipping costs, if the card balance is insufficient to cover the full order total.  However, we do offer FREE shipping on all orders over $100.00 (excluding discounts)

eGIFT CARD RESTRICTIONS - eGift cards cannot be used to purchase additional eGift cards.  They cannot be transferred between customers and cannot be combined with discount codes, unless otherwise stated in the promotion.

eGift Card Shopify System Integration - All eGift cards are issued and managed using Shopify’s secure e-commerce platform.  The system automatically tracks balances, expiry and usage, to ensure smooth checkout and user experience.

CUSTOMISATION - Customers are responsible for ensuring that all images uploaded for customization are of high quality and do not violate copyright laws.  We reserve the right to refuse any design that we deem inappropriate, offensive or in breach of our content policies.  If you have professional photos taken by a professional photographer, the customer is responsible to ensure they have a print release document from the photographer, giving permission to have your digital images printed wherever you like, for personal use.  If you are unsure, please contact your photographer directly for clarification, before placing your iMagnet order.  For any clients of Teejay finTon Photography, your print release is in place and no need to contact Teejay.  

IMAGE SPECIFICATIONS - Images should not exceed 20 MB in file size and 20 megapixels in resolution.  Shopify supports various image formats including JPEG, PNG, WEBP, HEIC and GIF.  SVG files are also supported but have limitations, and other formats like PSD, TIFF, and BMP will be converted to JPEG or PNG upon upload.

PRODUCTION - All photo magnets are made to order.  Our standard production timeframe is approximately within 2-3 business days from the date of order confirmation.   Please note that during peak periods (keeping in mind that I’m a full time photographer and my other business being Teejay finTon Photography can keep me away from the office for days on end during wedding season and kind kids portraits), or due to high demand or accessibility to stock, this timeframe may vary.  We will do our best to keep you informed of any delays.

Once production has commenced, no changes, cancellations, or request for refund can be accepted.  This includes changes to the images submitted, design preference, or shipping details.  Due to the custom nature of our products, we begin preparing materials and printing shortly after your order is placed, which means, we are unable to accommodate changes, once the process is underway.

We encourage you to carefully review your order details, uploaded images and shipping information before finalising your purchase.

3D PRODUCTS - Material Information

• Our 3D printed frames and ornaments are made from PLA (Polyactic Acid) filament, a plant-based biodegradable thermoplastic derived from renewable resources such as corn starch or sugarcane. 
• PLA is lightweight, durable and environmentally friendly compared to traditional petroleum-based plastics.
• As a biodegradable material, PLA may react to extreme temperatures, direct sunlight or prolonged exposure to heat (for example, being left in a hot car or near a heater).  Such conditions may cause warping, discoloration, or reduce lifespan of the product.
• While we ensure high-quality production, minor surface variations and imperfections are normal with 3D printed items and are not considered product faults.

3D PRODUCTS - Product Use + Care

• Our frames and ornaments are intended for indoor decorative use only.
• To extend product life, avoid exposure to moisture, high heat, or rough handling.
• Cleaning should be done with a soft, dry cloth.  Do not use harsh chemicals, solvents, or abrasives.

3D PRODUCTS - Safety Disclaimer

• Some parts of the frames, such as frames, wall mounts, or small detachable components, may pose a chocking hazard.
• These products are NOT toys and are not suitable for children under 3 years old.
• Products should be kept out of reach of young children at all times.
• By purchasing, you acknowledge that safe use and supervision are the responsibility of the customer.

3D PRODUCTS - Supplier + Manufacturing

• We do not manufacture the 3D printed frames ourselves.  These products are manufactured in Melbourne by a third-party supplier, and we purchase them wholesale for resale under our business. 
• While we take care to source from reputable suppliers and check product quality, we make no independent guarantees or warranties regarding the manufacturing process, material sourcing or long-term performance of the product beyond what is provided to us by the supplier.
• We also have no control over stock levels with these products and at any point, these products may not be available or become discontinued.

3D PRODUCTS - Liability

• To the fullest extent by law, we accept no liability for defects, damages or injuries arising from the manufacture of these 3D products.
• Any claims relating to the manufacturing faults, product safety, or material composition will be referred back to the original manufacturer. 
• Our responsibility as the seller to our clients, is limited to:
  • Supplying the product as described;
  • Handling returns or replacements in line with our returns policy and Australian Consumer Law;
  • Pass on any manufacture warranties (if applicable)
• By purchasing any of these 3D products, you acknowledge that we act as a reseller only and that ultimate responsibility for product manufacture rests with the supplier.
• We at iMagnet are not responsible for damage caused by misuse, improper care, or exposure to unsuitable environments (including extreme heat, moisture, or outdoor conditions).
• We at iMagnet are not liable for any injury, accident, or incident arising from the use or misuse of our products, including but not limited to, chocking hazard or damage caused by falls/drops.
• By purchasing, you agree that the use of these products is at your own risk.

BULK ORDERS - We’re happy to accommodate bulk or custom commercial orders.  Orders of this nature may involve special designs, branding or quantities that differ from our standard offerings, and as such, they are subject to the following conditions:

1. BULK PRODUCTION TIMEFRAMES - Production timeframes for bulk or commercial orders will vary depending on the size and complexity of the order.  A customer timeline will be provided to the customer upon confirmation of order details.  While we strive to meet agreed deadlines, these timelines are estimates only and not guaranteed, unless explicitly stated in writing.

2. BULK CUSTOM DESIGN + APPROVAL - We encourage our bulk order clients to provide us with their own designs.  If you do require us to make a design, a fee will be quoted to include this designing and once approved, a design proof will be sent for approval prior to production.  Only one (1) comeback will be accepted during the design process so if you cannot provide the design yourself, we encourage you to provide us with all the information/photo/content you require us to create.  Any more comebacks after this one, will be charged to the client and payable prior to receiving your order.  It is the client's responsibility to review and approve all artwork and order details.  Once written approval is received, production can commence and no changes can be made.

3. BULK PAYMENT TERMS - For bulk or commercial orders, a 50% non-refundable deposit is required at the time of booking, with the remaining balance due prior to dispatch.  In some cases, full pre-payment may be required, depending on the order size or customization.

4. BULK CANCELLATIONS + CHANGES - Due to the custom nature of these orders, no cancellations, no changes and no refunds will be accepted after design approval is received.  If an order is cancelled prior to production, any design work and/or materials purchased may be deducted from the deposit refund, if applicable.

5. BULK SHIPPING + DELIVERY - Shipping costs for bulk orders may vary and will be quoted separately.  As per our standard shipping terms (below), we are not responsible for delays or damages caused by Australia Post couriers, once the order has left our premises, however, we will assist you with tracking or claims, where possible.

SHIPPING - We currently ship Australia wide.  No international orders/shipping accepted at this time.  Shipping times may vary, based on your location and chosen shipping method (standard or express).  Customers will receive a tracking number via email (which can sometimes land in junk mail / spam folders), once your order has been shipped with Australia Post.

We ship all orders via Australia Post with the option of purchasing standard or express shipping or local pick up (Mackay, Queensland only), with the aim to ensure your custom photo magnets are securely packaged for safe delivery.  However, once your order has been handed over to Australia Post, it is beyond our control. 

We are not liable for any loss, delay, or damage that occurs during transit.  While we will always do our best to assist with any issues that may arise, responsibility for parcels in transit lies with the carrier.  If your order arrives damaged or goes missing, please contact Australia Post directly to lodge a claim.  We’re happy to provide any information needed to support your claim.

INCORRECT SHIPPING DETAILS - Please ensure that all shipping information is accurate when placing your order.  We are not responsible for delays, lost items, incorrect delivery, or additional costs incurred due to incomplete or incorrect shipping addresses, provided by the customer.  If a parcel is returned to us due to an incomplete or incorrect address, the customer will be notified and will be responsible for the cost of re-shipping the order to the correct address.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your postal address, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access and/or suggestions to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.i-magnet.com.au/pirivacypolicy

CLIENT UPLOADED PHOTOS – The quality of your iMagnets is dependent on the quality of photos you upload into your order.  What you see on your device is not always how it prints.  iMagnet takes no responsibility with regards to such low resolution quality images as well as under or over exposed, blurry or mis-colour corrected images being uploaded by the customer.  iMagnet doesn’t crop or enhance your images before going to print.  If uploaded photos are of such poor quality or inadequate quality, this will transfer to the magnet and no refund will be provided if you are unhappy with the photo quality of your product for these reasons.  For best results, we highly recommend you upload high resolution digital images that are correctly exposed (not too bright and not too dark) to your order.  We support the following file types:  JPEG, PNG, WEBP, HEIC and GIF.  SVG files are also supported but have limitations.  Images should also not exceed 20MB in file size and 20 megapixels in resolution.

When placing your order, you will be prompted to click a checkbox that you have read and understood this photo quality information as well as clicking a checkbox with regards to reviewing and cropping all of your images to your preference (as iMagnet does not do any adjustments to your photo and/or cropping).

By uploading images or other content to our website, you grant iMagnet a limited, non-exclusive, royalty-free license to store, use, reproduce and modify the content, solely for the purpose of producing and delivering your custom photo magnets.  We will retain your uploaded content for a period of up to 60 days from the date of your order, after which, will be securely and permanently deleted from our systems, unless you request in writing otherwise.  This retention period allows us to accommodate any reprints, replacements, quality or order issues, or customer service needs.

We will never use your uploaded images for marketing or promotional purposes without your explicit written/digital consent, which you provide during your ordering process on our website (via a mandatory checkbox).  If you choose to grant iMagnet with permission, we may use your images on our website, social media platforms, or in marketing materials to showcase our work or display customer testimonials.  

We respect your privacy and ownership of your images.  You retain all rights to your content, and we will not share, sell, or otherwise distribute your images to third parties, except as required by law or as necessary to fulfill your order (eg: through secure printing partners, if required).

You affirm that you own or have the necessary rights and permissions to upload the images/content and that in doing so, not infringe on any third-party rights.  We reserve the right to reject or remove any image/content that we believe is inappropriate, offensive, or in violation of any laws or our policies. 

For more information, please see our Social Media Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall iMagnet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

iMagnet takes no responsibility for any loss, damage, or delays to orders once they are handed over to Australia Post.  In the event of any technical issues or errors on our website, we reserve the right to cancel or adjust order as necessary. iMagnet takes no responsibility with any images incorrectly/unlawfully uploaded, including professional images where a print release from other photographers are not in place.  We do not take responsibility for copyright or licensing issues with uploaded images.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless iMagnet and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – BUSINESS AND PUBLIC LIABILITY INSURANCE
iMagnet maintains current and comprehensive business insurance with public liability insurance.  Certificate of currency are available, upon written request.

SECTION 21 – PRODUCT + PACKAGING SAFETY DISCLAIMER
PRODUCT DESCRIPTION
Our photo magnets are custom-made novelty items, designed for decorative use on magnetic services.  These products, sold by iMagnet (including but not limited to photo and smart magnets) contain small parts and are not suitable for children under 3 years of age.  

All product images are for illustrative purposes only.  Due to the handmade and printed nature of our products, there may be minor variations in colour, size, or finish.  All photos are printed on high quality 180gsm HP photo glossy paper, with the use of HP ink bottles in black, cyan, magenta and yellow.  The components to make iMagnets are sourced within Australia and comprise of:

1. Clear plastic mylar disks
2. Metal top cover
3. Fibre back
4. Rubber magnet with adhesive

The components to make 3D products are sourced within Australia and comprise of:

1. Magnets
2. PLA filament
3. Ribbon

PACKAGING DESCRIPTION
Each order may include biodegradable packaging materials, such as:
1. Biodegradable confetti (paper-based)
2. Biodegradable satchels
3. Recyclable or compostable boxes
4. Recyclable or compostable instructions
5. Velvet and/or calico drawstring bags
6. Thermal printed sticker seal
7. Packing tape
8. Ink from business logo stamp

By purchasing and/or using these products, you acknowledge that it is your responsibility to ensure they are used appropriately and in accordance with any safety warnings provided.

SAFETY DISCLAIMER
WARNING:  Not suitable for children under 3 years of age.  Our photo magnets may contain small parts and pose a choking hazard.  These products are not toys and must be kept out of reach of young children.  We expressly advise that individuals who may be unable to safely handle these products due to age, disability, or any other condition or additional special needs, affecting motor skills, judgment, or swallowing reflex, should not use these products, without direct supervision by an adult with the capacity to supervise.

You acknowledge that it is your responsibility to ensure safe use and storage of all items, including packaging materials.  iMagnet will not be held liable for any injury, harm, or damage caused by misuse of the product or failure to follow the safety guidance provided, including improper disposal of all items and/or packaging.

HEALTH AND SAFETY HAZARDS OF IMPROPER MAGNET USE
Magnet Safety Disclaimer

At iMagnet, your safety is our priority!  Our custom photo magnets are crafted with care and designed as decorative display items and are not toys.  To prevent misuse and ensure safe handling, we ask all customers to read and understand the following safety information, before using our products as they contain small parts and strong magnets, which can pose serious safety risks, if not used appropriately.  By purchasing and/or using our products, you acknowledge and agree to the following:

 

Not suitable for Children or Vulnerable Individuals

• These products are not suitable for children under 3 years of age.
• Supervision by a capable adult is required when these items are accessible to young children and/or individuals who may be unable to safely handle them due to age, disability, cognitive impairment or other conditions that don’t allow them to handle these in a proper and safe manner.

Swallowing + Ingestion Hazards:

• Magnets can pose a life-threatening risk, if swallowed.
• If more than one magnet is ingested (especially at different times), they can attract each other through intestinal walls, leading to serious internal injuries such as intestinal twisting, blockages, perforations, internal bleeding, infection or can even be life-threatening.
• Immediate emergency medical attention is required if a magnet is swallowed or suspected to have been swallowed.

Choking + Insertion Hazards

• Small magnets are a choking hazard, particularly for children under 3 years old or individuals with cognitive disabilities as described above.
• Magnets may inappropriately and/or misused by being inserted into ears, nose or other body parts by young children or incapable individuals, leading to potential injury, tissue damage or infection and may require medical removal.

Pinching or Crushing Injuries:

• Strong magnets can snap together forcefully, posing a risk of pinched skin, trapped fingers, bruising or cuts (broken skin), especially in small or delicate hands.
• Keep magnets away from fingers and soft tissue, especially when multiple magnets are handled together.

Medical Device Interference:

• Magnets may interfere with the function of medical devices such as pacemakers, insulin pumps, hearing aids, or other implanted medical devices.
• If you or someone nearby uses such a device, keep magnets at a safe distance at all times.

Responsible Use + Storage

• Keep all iMagnets out of reach of children and individuals who may not understand their correct use.
• Keep away from food, beverages and body openings.
• Always store magnets in a secure, dry place when not in use and dispose of damaged/unused products responsibly.

By purchasing or using iMagnet products, you acknowledge and agree to use them responsibly and at your own risk!  You accept full responsibility for ensuring our products are used and stored safely, and you agree not to hold iMagnet liable for any injury, harm, or loss resulting from misuse, improper handling of our products or failure to follow these safety guidelines.

For any concerns or further product safety information, please contact us at hello@i-magnet.com.au

PACKAGING AND ENVIRONMENTAL CLAIMS
We strive to use environmentally friendly and biodegradable packaging wherever possible.  However:

1. Biodegradability may vary, depending on local environment conditions (eg: compositing facility availability)
2. Some items may break down over time in commercial compositing environments, but not necessarily in home composting systems.
3. The biodegradable confetti is paper-based and may cause a mess.  Please handle with care and dispose of responsibly.

We encourage our customers to reuse or recycle packaging materials, when possible.

LIMIT OF LIABILITY
To the extent permitted by law, iMagnet disclaims liability for:

1. Misuse of products and/or packaging
2. Adverse reactions including allergic reactions and/or skin irritations, from materials (eg: adhesives, inks, paper, allergies to paper dust, etc)
3. Physical injuries caused by improper handling of our products (eg: poking, cuts, abrasions, etc)
4. Use of magnets in or near the eyes, mouth, ears, nose, or other sensitive areas
5. Use of products by children or vulnerable persons, is a violation of the safety warning.
6. Environmental disposal where local regulations may affect decomposition.  

Our photo magnets are not toys and should be handled with care.  The edges, while typically smooth, do have corner edges and may cause minor cuts, if excessive force is applied or if mishandled.  Magnets should never be inserted into body orifices, near medical devices (such as pacemakers), or used in any unintended way.

You agree that the use of these products is at your own risk.  iMagnet shall not be held responsible for injuries resulting from negligence, misuse, or failure to follow the safety instructions provided. 

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@i-magnet.com.au

Our contact information is posted below:

iMagnet
hello@i-magnet.com.au
www.i-magnet.com.au
@iMagnetTFP 

Mackay, Queensland
ABN: 31 692 618 339