Embroidery Hub Australia (EHA)
Terms and Conditions
Last Updated: 28/08/25
These Terms and Conditions (“Terms”) govern the subscription retail store services (“Services”) provided by Mediclear Investments Pty Ltd ABN 74 643 462 926 trading as Embroidery Hub Australia (EHA) (“EHA”, “we”, “us”, or “our”), to you (“Customer”, “you”, or “your”). By subscribing to or using our Services, you agree to be bound by these Terms.
1. Definitions
“EHA” means Mediclear Investments Pty Ltd ABN 74 643 462 926, trading as Embroidery Hub Australia.
“Customer” means the business entity subscribing to the Services.
“Services” means the subscription-based retail store services and inclusions offered by EHA.
“Subscription” means the ongoing paid plan selected by the Customer, billed monthly.
“Dashboard” means the vendor dashboard provided through the YITH Multi-Vendor plugin.
“Commissions” means the Customer’s share of sales generated through their store.
2. Subscription Services
2.1 EHA offers subscription plans (Basic, Standard, Premium), each with defined inclusions.
2.2 Subscription fees are published in AUD and include GST where applicable.
2.3 Introductory discounts (e.g. for the first 6 months) may apply before reverting to the standard subscription rate.
2.4 Subscriptions automatically renew monthly unless cancelled under clause 9.
3. Payment Terms
3.1 Subscription fees are payable in advance each month by credit/debit card or direct debit via Stripe or other authorised payment providers.
3.2 By subscribing, you authorise EHA to charge recurring payments until cancellation.
3.3 If a payment fails, EHA may suspend access to Services until payment is received.
3.4 All invoices and receipts will be issued in compliance with Australian tax law.
4. Customer Responsibilities
4.1 The Customer must provide accurate and up-to-date business, billing, and contact information.
4.2 The Customer is responsible for all content (logos, branding, business information) provided to EHA and warrants that such content does not infringe third-party rights.
4.3 The Customer must comply with applicable laws, including advertising, privacy, and fair trading laws, in relation to their branded store.
5. EHA’s Responsibilities
5.1 EHA will provide the Services with due care and skill in accordance with the Australian Consumer Law (ACL).
5.2 EHA will administer the YITH Multi-Vendor plugin, which manages vendor stores, commissions, and payouts.
5.3 EHA will ensure Customers have access to their vendor dashboard, which provides real-time visibility of sales, commissions, and order data.
5.4 Payouts will be made by order through the YITH system.
5.5 In the event of an invoicing or technical issue with the YITH system, EHA may use Recipient Created Tax Invoices (RCTIs) as a fallback mechanism to ensure timely payments.
6. Invoicing and Payouts
6.1 All sales and commissions will be recorded through the YITH Multi-Vendor system.
6.2 Customers can log into their dashboard at any time to view order history, commissions, and payout status.
6.3 Payouts will be processed by EHA per order in accordance with the commission structure agreed in the Subscription.
6.4 Where a YITH system error or invoicing issue arises, EHA may issue or accept RCTIs to finalise payment.
7. Cancellations and Termination
7.1 The Customer may cancel their Subscription at any time by providing written notice to EHA. Cancellation will take effect at the end of the current billing cycle.
7.2 Refunds are not provided for change of mind or early cancellation, except where required by the ACL.
7.3 EHA may suspend or terminate the Subscription if:
the Customer fails to pay fees when due;
the Customer breaches these Terms; or
the Customer uses the Services unlawfully or in a way that may harm EHA’s reputation.
8. Consumer Guarantees (ACL Compliance)
8.1 Nothing in these Terms excludes, restricts, or modifies rights that cannot be excluded under the Australian Consumer Law.
8.2 EHA guarantees that Services will be provided:
with due care and skill;
fit for the intended purpose; and
within a reasonable time.
8.3 If Services fail to meet these guarantees:For a major failure, the Customer may cancel the Subscription and seek a refund for the unused portion or claim compensation.
For a minor failure, EHA may remedy the failure within a reasonable time.
9. Intellectual Property
9.1 EHA retains all intellectual property rights in its software, templates, plugins, and store framework.
9.2 The Customer retains ownership of their logos, trademarks, and any content provided.
9.3 EHA grants the Customer a limited, non-exclusive licence to use the Services for the Subscription period.
10. Privacy and Data
10.1 EHA complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
10.2 EHA may collect personal and business information for the purposes of providing Services, billing, and compliance.
10.3 EHA will not sell or disclose Customer data to third parties, except where required by law or with consent.
10.4 The Customer is responsible for ensuring their branded store complies with privacy obligations to their own customers.
11. Limitation of Liability
11.1 To the extent permitted by law, EHA’s liability is limited to the resupply of Services or refund of subscription fees paid in the relevant period.
11.2 EHA is not liable for indirect, incidental, or consequential losses, including loss of profits or business interruption.
11.3 The Customer indemnifies EHA against losses arising from unlawful content, misleading advertising, or third-party claims related to the Customer’s use of the Services.
12. Dispute Resolution
12.1 Any dispute should first be notified to EHA in writing.
12.2 Parties agree to attempt negotiation or mediation in good faith before commencing legal proceedings.
12.3 These Terms are governed by the laws of Victoria, Australia, and disputes are subject to the jurisdiction of Victorian courts.
13. Amendments
13.1 EHA may update these Terms from time to time.
13.2 EHA will provide at least 14 days’ notice of any material changes.
13.3 If the Customer does not agree to the changes, they may cancel their Subscription in accordance with clause 7.
14. Contact
Mediclear Investments Pty Ltd
Trading as Embroidery Hub Australia (EHA)
ABN: 74 643 462 926
Phone: +61 418 996 119
Email: info@embroideryhubaustralia.com.au
Website: www.embroideryhubaustralia.com.au
Address: 4/11 Cylinders Drive, Torquay VIC 3228