APN Australian Regional Media Customer Agreement
Terms and Conditions
Welcome to the APN Australian Regional Media photos sales website (“Service”) provided to you by APN Newspapers Pty Ltd (ABN 21 009 657 943) of Level 3, 33 Park Road, Milton, Queensland, 4064 Australia (acting for itself and as agent for any of its related bodies corporate who own any copyright in the Photos) (“APN”, “we”, “our” or “us”). By registering as a member of the Service, accessing this Service, or purchasing any Photos you agree to be bound by:
(a) the Terms and Conditions which are set out below;
(b) the Photo Products Returns and Refunds Policy, a copy of which is available here and which is incorporated here by reference and
These documents constitute the entire agreement between us with respect to the use of this Service, the ordering of Photos by you and the production and delivery of those Photos in fulfillment of those orders.
These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically. See clause 15 for more detail.
Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to access or use this Service. By accessing or using this 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 APN that you will comply with the Terms and Conditions and use this 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 and imaging services described on this Service for members. We only permit one membership for each genuine email address. Your email address will be used for sending you all notices.
2. Your Password and Account
(a) You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify APN immediately of any breach of security or any unauthorised use of your account. Although APN will not be liable for your losses caused by any unauthorised use of your account unless APN is at fault (in which case clause 10 applies). However, you may be liable for the losses of APN or others due to such unauthorised use.
(b) 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.
In consideration of you accepting the obligations in this Agreement, APN grants you a non-exclusive, revocable licence to use the Photo solely for the personal and domestic use (the Agreed Use). The Photo may not be used for a purpose other than the Agreed Use without the prior written consent of APN. You acknowledge and agree that except for the licence granted in this Agreement, you have no right, title or interest in any of the Photos. All rights not expressly granted in this Agreement are reserved by APN.
4. Use of Photos
You may not reproduce, loan, sell or licence the Photo without the prior written permission of APN. You agree not to use any of the Photos in a manner which would contravene any law of any country, including laws relating to defamation, pornography, rights of privacy, moral rights and intellectual property. You agree not to use any of the Photos in a manner or associated with material that would damage APN's reputation or goodwill. You agree to comply with all reasonable requests by APN to withdraw any of the Photos from publication. You must inform APN promptly of any claim of legal liability concerning the use of any of the Photos. Except as provided in this Agreement, APN owned logos (including newspaper mastheads) and names may not be used in any way without the prior written permission of APN. You may not manipulate or distort any Photos without the prior written permission of APN. Photos must not be duplicated, scanned or electronically retained except as necessary for the Agreed Use. APN does not make any representation or warranty with respect to the use of any names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in a Photo
You acknowledge that the intellectual property rights, including copyright, in the Photos, belong to APN or its licensors. You must notify APN of any activity of which you become aware which infringes, or may infringe, the copyright in a Photo. If there is infringement of copyright in any Photo, you agree to provide assistance to APN as reasonably required, including being joined in any proceeding at APN's expense.
6. Our liability
You may have rights and remedies under the Australian Consumer Law and similar laws in relation to the supply of the Service and the Photos. This clause 6 is subject to and does not exclude or limit any of those rights or remedies. This clause 6 does not exclude any commitments given by us in our Photo Products Returns and Refunds Policy.
Your access or use of the Service is at your own risk. The Service, including the ordering of Photos through the Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of its functions. To the extent permitted by law APN, its Agents and Contractors are not 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.
To the extent permitted by law, if due to negligence or other fault on our part loss, damage or mishandling of your Photo ordered by you occurs if our Photo Products Returns and Refunds Policy applies, our liability will be limited, at our option, to providing you with a remedy as set out in that Policy. If our Photo Products Returns and Refunds Policy does not apply, to the extent permitted by law our liability will be limited at our option to:
(a) reprinting and delivering the Photo free of charge (where the loss, damage or mishandling relates to the production or delivery of Photos ordered by you); or
(b) refunding you any money paid by you to us for the Photo.
Except as expressly provided in these Terms and Conditions and, to the fullest extent allowed by the law, APN, its Agents and Contractors will not be liable loss or damage of any kind arising out of this Agreement, including your access to the Service or use of this Service.
7. Your liability
You agree to pay to APN the amount of any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to solicitors costs) we incur arising out of or related to: (a) a breach by you of this Agreement; (b) the use of the Photo either alone or in combination with any other material; or (c) any claim by a third party related to the use of the Photo either alone or in combination with any other material. Your obligation to pay us under this clause will survive these Terms and Conditions, termination of your membership, your use of the Service and the ordering, production and delivery to you of any Photos.
8. Orders for Photos
(a) Once an order for a Photo is placed by you through this Service, that order becomes binding.
(b) If you believe you have placed an order in error, please email or contact us in the manner detailed in clause 11 (Order Enquiries) below and we will assess whether in the circumstances we are able to comply with your request. We cannot promise that we will be able to do so.
(c) We recommend you carefully preview the items to be ordered by you and the choices made by you for their production before ordering, and ensure you are satisfied before adding them to your Shopping Cart. A tick box will prompt you to confirm this at the time you place your items into your shopping cart.
We will ensure that within 5 Business Days of the receipt by us of your order for Photos, that order is provided by us to Australia Post or another third party carrier to deliver to you. Ordinarily, delivery of an order to you by Australia Post or another third party carrier may be expected within 10 Business Days after the receipt by us of your order. However we cannot accept responsibility for delivery failures or delays by Australia Post or by other third party carriers and make no promise to you that orders for Photos will be delivered to you within that period. Please refer to clause 6 (Our Liability to You).
10. Reproduction of Colours Your Responsibilities
(a) Reasonable efforts are made to display the colours of Photos that appear online on this Service as accurately as possible, however the colours displayed to you on this Service will depend on your monitor and the settings of your monitor.
(b) We will not be liable to compensate you, give you a refund or to reproduce any Photos simply because the actual colours of Photos provided to you or their tones differ to the colours of those Photos as displayed to you on this Service (unless this is due to fault on the part of APN, its Agents or Contractors and suppliers in connection with the production of those Photos).
11. Order Enquiries
If you have any query about the progress of your order for any Photos, please contact us and quote your order number (you will receive this number after a successful transaction at this Service). Click here for details on how to contact us about your order.
12. Damaged or Faulty Photos and Photo Products Returns and Refunds Policy
(a) If any Photo ordered by you arrives damaged, is not of acceptable quality or the problem has occurred in the production of your order, you may have:
(i) rights under our Photo Products Returns and Refunds Policy and
(ii) additional legal rights and remedies in Australia under the Australian Consumer Law and other laws. Nothing contained in our Photo Products Returns and Refunds Policy is intended to exclude or limit those rights and remedies.
(b) Our Photo Products Returns and Refunds Policy contains details of how to contact us to address a possible claim and to sort out arrangements for the possible return of the Photo that is the subject of a claim. Please view our Photo Products Returns and Refunds Policy on this Service by clicking here.
(c) If your order arrived damaged, please email our customer service team at firstname.lastname@example.org and quote your order number (you will receive this number after a successful transaction made through this Service). We will let you know whether you need to return the item to APN.
(d) We will honour and comply with our duties and obligations set out in our Photo Products Returns and Refunds Policy.
13. Termination of membership
We reserve the right to terminate the membership of any member by notice as stated in these Terms and Conditions. We also reserve the right to terminate by notice the membership of any member who breaches any of these Terms and Conditions and does not comply with our reasonable instructions to remedy the breach. We will give a member at least 2 days’ notice that we are terminating that member's membership.
If you wish to terminate your membership at any time, you may do so by advising us by email or in writing. Please click here for details on how to contact us.
If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. You are responsible for obtaining any copies of your materials before termination takes effect.
If we terminate membership we may at our discretion fulfil or cancel any order accepted by us prior to the date of termination. If we cancel an order we will refund any mount already paid.
(a) APN, its Agents and Contractors may collect your personal information, including your name, address, billing and delivery information, email address, and credit card details.
2. Altering Terms and Conditions
(a) APN reserves the right to change these Terms and Conditions at any time.
(b) Notice of changes to these Terms and Conditions and their effective date will be published on the APN ARM’s photo sales webpage on Whitsunday Coast Guardian 's website at the following URL: http://www.whitsundaycoastguardian.com.au/photos/buy/ . We recommend you check the website for changes each time you use the Service and before placing any order. If you do not agree with a change to these Terms and Conditions you may terminate your membership at any time in accordance with this Agreement.
(c) The changed Terms and Conditions will apply to the Service and any order you place from the effective date of the change.
(d) APN is not responsible for any costs incurred by a Member or user of this Service as a consequence of these Terms and Conditions changing. Should APN choose to provide you with notice of changes to these Terms and Conditions, you agree to receive email notification of the changes from APN. We do not promise that we will provide you with email notice of any change.
3. Links to Third Party Websites
You may not assign, licence or transfer any rights granted to you or any of your obligations under this Agreement without the express written permission of APN.
5. No Waiver
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver.
All purchase orders will constitute a Tax Invoice for the purposes of A New Tax System (Goods and Services Tax) Act 1999 and will set out any goods and services tax which must be paid by you.
7. Governing Law
This Agreement will be interpreted, construed and governed by or in accordance with the law of the state of Queensland, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning this Agreement.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“Agents and Contractors” means any agents, contractors and sub-contractors of APN, including FUJIFILM Australia, who are engaged in the creation, provision or maintenance of the Service or in the production of Photos and the fulfilment of orders for Photos made through the Service;
“Business Day” means any day other than a Saturday, Sunday or public holiday in the State of New South Wales, Australia;
“FUJIFILM Australia” means FUJIFILM Australia Pty Ltd ABN 80 000 064 433;
“Photos" means any printed photo offered for sale and that may be ordered through this Service;