These terms apply when you use Snailgram or order a card from us. Please read them before you pay. Nothing in them takes away your rights under the Australian Consumer Law.
1. Who we are
Snailgram is run by AWS, CYY & Co. Pty Ltd (ACN 686 116 245) as trustee for Mumu, Lulu & Co. (ABN 54 837 123 965) ("we", "us"), the same team behind Unopost. Our postal address is PO Box 169, South Melbourne VIC 3205, Australia.
For anything about Snailgram, including orders, changes, complaints and privacy, email support@snailgram.com.au. We aim to reply within one business day.
The trustee's liability is limited to the assets of the trust known as Mumu, Lulu & Co. from time to time. No one may seek to recover from the trustee personally, or from its directors in their personal capacity.
In these terms, a business day is a weekday that isn't a public holiday in Melbourne, Victoria.
2. Agreeing to these terms
By ordering a card, you agree to these terms. Our privacy policy explains how we handle personal information. It sits alongside these terms but isn't part of them.
You must be 18 or older to order. If you order on behalf of a business, you confirm you're allowed to do so.
3. What we do
When you order, you ask us to:
- print the cover you chose,
- write your message inside the card with a pen, in real ink, exactly as you typed it, and
- put it in an envelope, stamp it and post it to the address you give us, so it arrives by the date you chose.
You don't need to sign up or make a password. Once you pay, we make an account for your email address, so you can see your orders at snailgram.com.au/account with a code we email you. You review a preview of your card before you pay. The preview shows the cover, the layout and roughly how your message will fit. The real card is written by a pen, so the lettering won't match the preview stroke for stroke.
Your order is accepted when we confirm it by email. Processing starts as soon as you pay, so there is no cooling-off period. This doesn't affect your rights under the Australian Consumer Law.
4. Pen-written, not handwritten
Your message is written with a real pen, in real ink, by a machine, in the handwriting style you choose. It isn't written by a person's hand, and we never describe it as handwritten. Like any pen, small variations in ink flow and line are part of the result and aren't a defect.
If you use our own-handwriting beta, you must only upload a sample of your own handwriting. The pen learns to write like you, but because it's a beta, the result may not match your writing exactly. We use your hand only for cards you order.
5. Covers
Covers are made by image-generation software from the sentence you give us, or from your own photo. Each set is made for you, and we don't sell or send the cover you choose to anyone else. If our image software isn't available, the studio makes covers with our own design software instead.
You can add words, stickers and photos to your cover in the editor. We print the cover as you see it in the studio, inside the dotted safe line, and print words exactly as you type them, so please check them carefully.
Printed colours can look slightly different from your screen. We may decline a description or photo that asks for unlawful content, explicit content, real people's likenesses without their permission, or someone else's trademarks, characters or artwork.
Your photos. When you put a photo on a cover, you confirm that you took it or have permission to use it, and that everyone in it is happy for it to be on a card. A small photo may print soft; the studio tells you when it thinks so. If you have a photo painted, it's sent to an image-generation service overseas to be painted, and the studio asks you first.
How many covers. To keep the studio fair and working for everyone, each visitor can make a limited number of covers a day. Keeping your own photo as it is doesn't count.
6. Your message
Your message is yours. We never edit, rewrite or suggest it. The pen writes it exactly as you typed it, including any spelling mistakes, so please check it carefully before you pay.
Your message must fit the space on the card. The studio tells you when it fits. You're responsible for what you write.
7. What you can't send
Snailgram is for cards between people. You must not use it to send anything that:
- is unlawful, threatening, abusive, harassing or defamatory,
- contacts someone who has asked you not to, or breaches a court order such as an intervention or protection order,
- pretends to be from someone else, or is part of a scam,
- is advertising, junk mail or a bulk mail-out, or
- infringes someone else's intellectual property or privacy.
We may decline or cancel an order that we reasonably believe breaks these rules. If you've paid, we'll refund you in full. We may report suspected crimes to the police or other authorities.
8. Your information is correct
When you order, you confirm that the recipient's name and address, the date and your own details are correct, and that you're entitled to send the card to that person. We check that the address is complete and that the suburb, state and postcode match, but we can't confirm that the recipient lives there.
9. Price and payment
Each card costs A$50, including GST, with no extra fees. The price covers the card, the cover, the pen-written message, the envelope, the stamp and Express Post delivery anywhere in Australia. The total is shown before you pay.
New customers get 30% off their first card, so it costs A$35. The offer is for the first card ordered with an email address, one per customer, and can't be combined with other offers or exchanged for cash. We may withdraw it, or decline it where we reasonably believe it's being misused, such as by one person ordering with several email addresses.
Payments are processed by Square. We don't see or store your full card details.
10. Delivery
We deliver within Australia only. You choose the day your card should arrive, and we post it with Australia Post's Express Post in time to arrive by that date. The earliest date you can choose depends on when you order.
Our promise is to post your card in time. If we post it late, we'll refund you in full. Once your card is with Australia Post, its own terms apply to carrying and delivering it. Rarely, cards are delayed in the post for reasons outside our control, such as weather, strikes or high volumes around holidays. If that happens, contact us and we'll work out the fairest fix with you.
We put your name on the back of the envelope, with our own return address. If a card can't be delivered and Australia Post returns it to us, we'll contact you.
11. Changing or cancelling an order
A paid card waits in a queue until the pen starts writing it. Until then, you can cancel it for a full refund from Your orders, or contact us as soon as you can to change the recipient's address. Once the pen has started, we can't cancel or change the card.
We may cancel an order at any time, for example if we can't write or post it in time. If we do, we'll refund you in full within 5 business days.
12. Refunds and your rights
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If something goes wrong because of us, such as a misprinted cover, a mistake in writing your message, or a card posted late, we'll rewrite and resend it or refund you, whichever you prefer.
Outside those rights, we don't usually refund for change of mind, or for problems caused by details you gave us, such as a wrong address or a typo in your message. Please talk to us before raising a chargeback with your bank. Most problems are faster to fix directly.
13. Privacy and your data
We use the recipient's name and address only to make and post your card. We never contact the person you're sending to, never add them to a mailing list, and never sell your data.
Our team sees your card only to make it, check it and post it, or when we need to fix a problem, answer your questions or meet a legal requirement. We don't use your message or cover in our marketing without your permission.
Your data is stored in Sydney, Australia. We delete your message once your card is posted, and the recipient's name and street address within 60 days. We keep records of payments for as long as tax law requires, usually seven years. Our privacy policy has the details.
14. Who owns what
Your message belongs to you. You give us permission to use it only to make and post your card. Our website, studio, software and brand belong to us.
Covers made by our software belong to us. You can use the cover you chose for your own personal use, such as sharing a photo of your card. Your photos stay yours: you give us permission to use them only to make, show you and print your covers.
15. Our responsibility to you
We make every card with due care and skill. We can't promise that the website will always be available or free from errors.
To the extent the law allows, we aren't liable for indirect or consequential loss, and our total liability for an order is limited to what you paid for it. Where the Australian Consumer Law allows, our liability for failing a consumer guarantee is limited to resupplying the card or paying the cost of resupplying it. None of this limits liability that can't be limited by law.
16. Your responsibility to us
If someone makes a claim against us because of a message you sent, or because you broke these terms or the law, you agree to cover our reasonable costs of dealing with it, except to the extent we caused it.
17. Events outside our control
We aren't responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, power or internet outages, postal strikes or carrier disruptions. If one stops us from making or posting your card, we'll tell you and refund you if we can't post it in time.
18. Complaints and disputes
If you're unhappy, email support@snailgram.com.au and tell us what happened. We aim to resolve complaints within 10 business days. If we can't agree within 20 business days, either of us may refer the dispute to mediation with the Resolution Institute, in Melbourne unless we agree otherwise, before going to court. You can still contact your state's consumer affairs or fair trading office at any time.
19. Changes to these terms
We may update these terms and will change the date at the top of this page when we do. The version on this page when you pay is the one that applies to that order.
20. The legal bits
These terms are the whole agreement between you and us about your order. If a court finds part of them invalid, the rest still applies. If we don't enforce a right straight away, we haven't given it up. We may transfer these terms to whoever takes over our business. You can't transfer them without our agreement.
These terms are governed by the law of Victoria, Australia, and the courts of Victoria and the Federal Court of Australia sitting in Victoria can hear disputes. If we translate these terms, the English version applies.