PROGALLERIES.COM.AU

 

GENERAL TERMS AND CONDITIONS OF USE

 

 

 


Welcome to the ProGalleries.com.au internet service (“Service”) provided to you by FUJIFILM Australia Pty Limited, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia (“fujifilm”).

 

Please read these Terms and Conditions of Use carefully.  You must comply with these Terms and Conditions of Use to use the Service.  By entering and using the Service, you accept these Terms and Conditions of Use and agree to be legally bound and subject to them.  Acceptance of the Terms and Conditions of Use creates a binding legal agreement between you and FUJIFILM Australia that you will comply with the Terms and Conditions of Use and use the Service only in a manner consistent with these Terms and Conditions of Use.  If you do not agree with these Terms and Conditions of Use, do not access this Service or use any of its services.    

 

1.         Altering Terms and Conditions of Use

 

We reserve the right to alter these Terms and Conditions of Use at any time without notice to you.  You should therefore periodically check these Terms and Conditions of Use.

 

2.         Copyright Information

 

All of the material, including photographic images, contained on the ProGalleries.com.au Site is protected by the copyright laws of Australia and of other countries.  You are only permitted to use these materials as indicated on this Site; other uses are prohibited by copyright laws. 

 

All of the material contained on this Site including the photographic images may be viewed only on this Site. You may not copy, reproduce, retransmit, distribute, communicate to the public, publish, commercially exploit, or otherwise transfer any copyrighted material in any format electronic or otherwise unless you obtain the express permission of the owner of that copyrighted material.

 

If you wish you may order a copy or copies of any of the photographs displayed on this Site for the fee designated at this Site for purchase of a copy.  Upon payment of the specified fee your chosen photograph will be professionally printed by the Photographer’s preferred photo-printing lab. 

 

The purchase of a copy of a photograph does not give you any of the rights comprised in the copyright of that photograph, unless you obtain the express permission of the copyright owner. Generally the copyright in a photograph is owned by the person who took that photographic image. 

 

3.         Materials and Content on this Service

 

In visiting this Site you may be exposed to materials which you consider to be offensive or in bad taste and you assume responsibility for your own exposure.  We have used our best endeavours to place a warning notice on individual photographer’s sites which may contain material considered by some members of the public to be offensive or in bad taste.  However we take no responsibility where a warning notice does not appear and you consider material found at that site to be offensive or in bad taste.

 

We do not actively police this Site but we reserve the right to review any materials which are submitted to the Site.  We have the sole discretion to decide whether material or content is prohibited on the Service and we have the absolute right to delete, move and edit content and material for any reason, in any manner and at any time.

 

4.         Intellectual Property

 

Any trademarks, trade names or logos displayed on this Site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.

 

 

 

COPYRIGHT CLAIMS
We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member's responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member's membership.

5.                   Commissioning of Photographs

 

Where you have commissioned a photographer at this Service to take photographs for you, e.g, weddings, christenings, you may request the photographer to make your photographs available for viewing by third parties at this site.  Photographs may be viewed only by you, or you may choose to make them available to your friends and family or to the general public.  It is the responsibility of the photographer to abide, in all respects, with your wishes concerning access to third parties.  We accept no responsibility if the photographer fails to comply with your requests.

 

6.                   Delivery of Orders

 

We will ship your order within seven (7) days of receipt.  We cannot however accept responsibility for delays caused by postal services, third parties or causes beyond the control of fujifilm.  Please refer to paragraph 9, Disclaimer of Warranty and Limitation of Liability.

 

7.         Returns

 

If your order arrives damaged please contact our customer service team by email at [INSERT] and quote your order number (you will receive an order number after a successful transaction at this Site). We will let you know by return email whether you need to return the item to us.  If you do need to make a return simply send your order in the original packaging if possible along with the Order Summary to the following address:-

 

fujifilm Pty Limited,

Attn: ProGalleries Customer Returns

114 Old Pittwater Road,

Brookvale  NSW 2100

Australia

 

We will refund your account when we receive your return.

 

8.         Privacy

 

The privacy of your personal information is important to us.  Please view our Privacy Policy, FUJIFILM Australia and Your Right to Privacy, at this Site.  Should you have any questions concerning privacy please see our Privacy Policy or contact our Privacy Officer at (02) 9466 2600 or email at privacy@fujifilm.com.au.

   

9.         Data Encryption

 

The Service’s payment pages encrypt data using Secure Sockets Layer (SSL).  SSL technology, the industry- standard method for protecting Web communications, was developed by Netscape Communications Corporation.  The SSL security protocol provides data encryption, server authentication, and message integrity. 

 

We accept Visa, Bankcard, Mastercard and American Express.     

 

10.        Disclaimer of Warranty and Limitation of Liability 

 

This statement is not intended to exclude or limit any rights which you may have under the Commonwealth Trade Practices Act or equivalent State laws.  

 

To the extent permitted by law, the Service and all products and services provided by FUJIFILM Australia are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed. 

 

Your access to and use of the Service is at your own risk.  The Service is not warranted to be error free or uninterrupted.  FUJIFILM Australia disclaims any warranties for the security, reliability, timeliness and performance of this Service. Neither we nor any other person involved in the creation, provision or maintenance of the Service shall be responsible for interruption of the Service, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service. 

 

In the event that we agree that the quality of a print ordered by you through the Service is not satisfactory, we will gladly reprint the image for you.     

 

Except as expressly provided in the immediately preceding paragraph to the fullest extent allowed by the law neither we, nor any other person involved in the creation, provision or maintenance of the Service, shall be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Service. 

 

11.        Indemnity 

 

You hereby indemnify fujifilm, its directors, officers, employees, agents and contractors and hold them harmless against any losses, expenses, damages, or costs which they suffer or incur resulting from any violation of these Terms and Conditions of Use by you and your use of the Service.  

 

12.        General Terms

 

This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.  These Terms and Conditions of Use constitute the entire agreement between you and FUJIFILM Australia with respect to the use of this Service.  If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us.  The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.  All prices quoted are in Australian dollars, and unless otherwise indicated include GST.