Frequently Asked Questions
Photo Centre
Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions govern the use of the Service and the
purchase of any goods through it.
When you register as a member of the Service, you agree to be
bound by the Terms and Conditions of the Service which are set out
below. These Terms and Conditions may be updated or changed from
time to time and you should therefore check them periodically.
Please read these Terms and Conditions carefully. You must
comply with these Terms and Conditions to use the Service. By
entering and using the Service, you accept these Terms and
Conditions and agree to be legally bound and subject to them.
Acceptance of the Terms and Conditions creates a binding legal
agreement between you and the Supplier (company licencing the
solution) that you will comply with the Terms and Conditions and
use the Service only in a manner consistent with these Terms and
Conditions. If you do not agree with these Terms and
Conditions, do not access this Service or use any of its
services.
1. Becoming a Member
You will become a member of the Service once you have entered
your name, your chosen password, your email address (which must be
a genuine email address). Once you are a member of the Service we
will enable you to use all of the photo services described on this
site for members. We only permit one membership for each genuine
email address.
A condition of membership is your active participation in the
Service. Active participation requires the member to make a
verified print order through the Service at least once every 365
days.
If you do not make a verified print order at least once every
365 days, we will contact you via the email address which you have
provided to us and give you thirty (30) days in which to make a
verified print order. If you do not make a verified print
order within this thirty (30) day period, we will, without further
notice to you, delete your photo albums, deactivate your account
and terminate your membership.
2. Your Password and Account
You are responsible for maintaining the confidentiality of your
password and account details. You must notify us immediately of any
breach of security or any unauthorised use of your account. You are
solely responsible for the activity which occurs on your
account.
If you have forgotten your password you may click the link on
the home page and we will email your password to you. We will keep
you informed of the status of your account during your membership
via your email.
3. Termination of Membership
We reserve the right to terminate the membership of any member
who breaches any of these Terms and Conditions, or, who fails to
maintain active participation of the Service (see item 1 "Becoming
a Member"and item "Photo Storage") which may include the removal or
deletion of their materials. We are not responsible for any
loss of data resulting from removal of or deletion of
materials.
4. Your Copyright
Generally under copyright laws the owner of the copyright in
images or photographs is the person who created the images or took
the photographs. You represent and warrant to us that you are the
owner of the copyright or have the express permission of the owner
of the copyright in the images or photographs which you submit to
the Service.
We claim no ownership rights in any images or photographs
submitted to the Service. Solely for the purpose of enabling
your images or photographs to be uploaded and made available on the
Service and to fulfill print orders made for your images and
photographs you grant to us and to any third party which fulfills
print orders of your images or photographs, a perpetual worldwide
non-exclusive transferable royalty-free copyright license to copy,
reproduce, display, modify, adapt or alter, transmit, communicate
to the public and distribute your images or photographs.
You acknowledge that we have no control over the use of your
images or photographs and shall not be held liable for any use,
publication or copying of your images and photographs. You waive
all rights of action or other claims you may have against us in
respect of any such use, publication or copying.
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.
If any person makes any claim against the Supplier or any other
service provider to this Service, claiming that any of the photos
or images you have submitted to the Service, or any use of them
infringes any copyright or other intellectual property right or
moral right of any person, you must indemnify the Supplier and any
such service provider against all costs, claims, losses, damages,
demands and expenses (including all reasonable legal costs, fees
and expenses) arising directly or indirectly out of the claim.
5. Intellectual Property Rights
Any trademarks, trade names, logos or other related marks
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.
You should assume that all of the content made available to you
through this Service, including photographic images, is owned by
third parties and is protected by copyright or other proprietary
rights.
6. Altering Terms and Conditions
We reserve the right to alter these Terms and Conditions at any
time without notice to you. We will not be held responsible for any
costs incurred by a Member as a consequence of these Terms and
Conditions changing. Should we choose to provide you with
notice of alterations to these Terms and Conditions, you hereby
agree to receive from us email notification of the alterations.
7. Materials and Content Not Permitted on this
Service
You are hereby advised that any image or photograph submitted by
you to the Service is subject to our review.
We reserve the right at our sole and absolute discretion to
refuse to display and to remove images or photographs from the
Service deemed to be objectionable by us or considered by us
contrary to applicable laws.
Any perceived violations of laws including laws relating to
child pornography, child abuse and animal abuse will be reported by
us to law enforcement authorities if in our sole judgment such
images are in violation of applicable laws.
Without limiting the above in any way, you are not permitted to
post, upload, email or transmit to the Service any image or
photograph the content of which:-
- is, or we believe is offensive, personally offensive,
defamatory, abusive, obscene, upsetting, menacing, threatening,
harassing, pornographic, of an adult or sexual nature or, in any
way unsuitable for persons under the age of 18 years;
- is illegal under any law or regulation at any place where
images or photographs are posted or uploaded from and / or viewed,
and / or received, or infringes any industry code of conduct;
- is copyrighted content or material that is used without the
express permission of the owner or which infringes the intellectual
property rights of any person;
- in our opinion reflects badly on the Service.
Further, you are not permitted to use the Service:-
- to engage in any activities in such a manner as to expose us,
or any other third person who is involved in making the Service
available to you, to liability or adversely affecting the name,
reputation or business of us or any such third person;
- to do any act that may damage or interfere with the Service
network or systems or cause the quality of the Service to be
impaired;
- to commit a crime or in the course of committing a crime or for
an unlawful purpose to do any act that may damage the network or
systems or cause the quality of the Service to be impaired.
8. 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 us 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 or use of the Service is at your own risk. The
Service is not warranted to be error free or uninterrupted.
We disclaim any warranties for the security, reliability,
timeliness and performance of the 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,
linkage to any third party sites, 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 of any loss, damage or mishandling of your digital
image by us, our employees, agents, sub-contractors or any other
service provider to this Service even where due to negligence or
other fault or if unauthorised access is gained or misuse of an
image is made by any third party our liability shall be limited, at
our option, to uploading to the Service, reprinting an image for
you or refund of any monies paid by you to us. This is your
exclusive remedy for any loss, damage or mishandling.
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.
9. Governing Law
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.
10. Severability
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.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement
between us with respect to the use of the Service.
12. Waiver
The failure by us to enforce any right or provision of this
agreement will not constitute a waiver of the right or
provision.
13. Delivery
We will ensure that your order is shipped within 7 days of
receipt. We cannot accept responsibility for Australia Post
delivery or delays caused by other third parties. Please refer to
item 8 Limitation of Liability.
14. Returns
If your order arrives damaged, please notify us, your affiliated
Supplier of this service by sending an email or telephoning us
during business hours. Quote your order number (you will receive
this number after a successful transaction) and we will then
discuss return requirements and refund, if required.
15. Photo Storage
The Service's photo storage facility is known as Album
Storage.
The Service offers free, unlimited storage of online photos to
members who maintain active participation in the Service. New
members receive 365 days free storage from the date of activation
of their membership. Members will maintain free storage for
their albums provided that a verified print order is made by the
member at least once every 365 days. From the date each verified
order is received, the membership will be credited with free
storage for the following 365 days i.e., the 365 days free storage
period re-starts with each print order. Maximum free storage
at any point in time is 365 days.
If you do not make a verified print order at least once every
365 days, we will contact you via the email address which you have
provided to us and give you thirty (30) days in which to make a
verified print order. If you do not make a verified print
order within this thirty (30) day period, we will, without further
notice to you, delete your photo albums, deactivate your account
and terminate your membership.
We are not responsible for any loss of data resulting from
deletion of materials.
16. Definitions
In these Terms and Conditions the following expressions shall
have the following meanings unless otherwise stated:-
"we" or "us"means Supplier including, its employees, agents or
sub-contractors.
All services and communications referred to in these Terms and
Conditions or provided to you as part of the Service, will be
provided by the Supplier or its service providers..
Please refer to The Wiggles Privacy Policy for further
information and obligations.
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