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Terms and Conditions

Terms and Conditions PRINTS N GIFTS | Terms and Conditions CAMERA SHOP

Terms and Conditions - Prints N Gifts

Welcome to the Eastmon Prints N Gifts internet service (“Service”) provided to you by Eastmon Online Pty Limited ABN 82 126 109 of 177 Bourke Street, Glen Innes, New South Wales, Australia. 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 Eastmon 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) and you have received from us by email, confirmation of your membership. 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.

2. Your Password and Account

You are responsible for maintaining the confidentiality of your password and account details. 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 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 store which fulfills print orders of your images or photographs, a perpetual worldwide non-exclusive transferable royalty-free copyright licence 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.

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. Intellectual Property Rights

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.
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 or request the uploading by any store 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 or 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 accessing 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 affiliates, agents or employees 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

You should allow 12 working days for your order to be shipped to your requested delivery address by mail or store for pick-up. We cannot accept responsibility for Australia Post delivery or other third parties. Please refer to item 8 Limitation of Liability.

14. Returns

If your order arrived damaged, please email our customer service team at Contact Us and quote your order number (you will receive this number after a successful transaction at this site). We'll let you know whether you need to return the item to Eastmon Prints N Gifts. If you do need to make a return, simply send your order - in the original packaging, if possible - along with the Order .
We will refund your account when we receive your return.

15. Privacy

The privacy of your personal information is important to us. Please view our Privacy Policy, Eastmon 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 here contact us.

We or the photofinishing laboratory which fulfils your print orders from this Service, may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details.
We, or the photofinishing stores mentioned above, will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We, and the photofinishing stores mentioned above, may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services offered on this Service which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information.

16. Definitions

In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“we” or “us” means Eastmon including, its employees, agents or sub-contractors.

17. Photo Storage

The Service’s photo storage facility is known as My Photo Storage.
The following arrangements apply in relation to photo storage on this Service:

  • Once you become a member of Eastmon Prints N Gifts you will receive 120 days free storage from the date of activation.

Thereafter a member will maintain free storage for their albums provided that a verified print order is made at least once every 120 days either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 120 days i.e., the 120 days free storage period re-starts with each print order. Maximum free storage at any point in time is 120 days.
Should a member not wish to generate orders on the above basis, a member may purchase photo storage at the rate of A$19.95 per annum (including GST) per block of 300 photos. This rate may vary from time to time, at our discretion.
If neither of the above options is chosen, we will, without further notice to you, remove and/or delete your photo albums.

We are not responsible for any loss of data resulting from removal and/or deletion of materials.

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Terms and Conditions - Camera Shop

Trading terms and conditions of Eastmon Digital T/A Eastmon.com.au

These terms and conditions regulate the business relationship between you and us.
By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are: HJ & PY Eastwood Pty Limited T/as Eastmon
ABN: 70 062 572 196

Our address is:
Eastmon Business Centre
177 Bourke Street
Glen Innes, NSW 2370
Australia

You are: a visitor to Our Website / Our Customer

The terms and conditions

 

1 Definitions

In this agreement:

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

"Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

"Our Website" means the entire computing hardware and software installation that is or supports Our Website.

"Goods" means any of the Goods we offer for sale on our Website

"Content" means any material in any form published on Our Website by us or any third party with our consent.

"Material" means Content of any sort posted by you on Our Website

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 in any event to you as a buyer or prospective buyer of our Goods.

2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we despatch your order.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.

2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

2.6.1 accept the alternatives we offer;

2.6.2 cancel all or part of your order;

2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

2.8 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [30] days from the date of cancellation of your order.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website.

4 Price and Payment

4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

4.3 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.4 Prices include Australian good and service tax.

5 Delivery

5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 Goods are sent by Australia Post Couriers. We will send you a message by email to tell you when we have despatched your order.

If we are unable to deliver your order or it is returned to us by the carrier we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.

5.3 If we ourselves are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.

5.4 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

5.5 Goods are sent at your risk if the additional insurance option has NOT been selected.

6 Cancellation of order

6.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

6.2 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

6.3 If you cancel after we have despatched the Goods, we will refund the price of the goods only.

6.5 The option to cancel your order is not available if the Goods are:
6.4.1 perishable;
6.4.2 made or altered to your specification;
6.4.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
6.4.4 newspapers or magazines
6.5 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

6.6 You are responsible for the cost of returning the items.

6.7 To assist us in identifying your Goods on receipt by us, we ask you to generate a RA number for a returns reference to be placed below our address / returns label.

6.8 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.

6.10 We will refund your money within 30 days.

6.11 This paragraph does not affect your rights in the event that the Goods are faulty.

7 Foreign taxes, duties and import restrictions

7.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

7.3 All currency exchange rates are estimates provided by http://www.webservicex.net the actual rates can differ depending on the exchange rate by our bank.

8 Goods returned

8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:

8.1.1 exactly what is the fault;

8.1.2 the date, if relevant, when the fault became apparent;

8.1.3 when and how you discovered the fault;

8.1.4 how the fault affected your use of the Goods;

8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:

8.3 If you need to return an item, simply login to your account, view the order using the 'Complete Orders' link under the My Account menu and click the Return Item(s) button and giving full details of the defect or other reason for return. We will then issue a returns authorisation RA. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

8.4 The Goods must be returned to us as soon as any defect is discovered.

8.5 So far as possible, Goods should be returned:

8.5.1 with both goods and all packaging as far as possible in their original condition;

8.5.2 securely wrapped;

8.5.3 including our delivery slip;

8.5.4 at your risk and cost.

9 Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

9.3 We give no warranty and make no representation, express or implied, as to:

9.3.1 the adequacy or appropriateness of the Goods for your purpose

9.3.2 the truth of any Content on Our Website published by someone other than us;

9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;

9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.

9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

9.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

9.7 The above two sub paragraphs do not apply to a claim for personal injury.

10 Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

11 Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

12 System Security

12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

12.3 You may not use any software tool for the purpose of extracting data from our website.

12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14 Miscellaneous provisions

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

14.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

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