Terms of agreement
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'Seller' means Mynuphoto Pty Limited, registered in Australia, ABN: 11605197822 (in these Terms and Conditions also means 'mynuphoto.com' or 'Mynuphoto') whose registered office only is at 5/430 Rae Street, Fitzroy North, Melbourne, Victoria 3068.
'Buyer' means the person whose name is printed on the Order.
'Contract' means the order and order Confirmation (incorporating any Special Conditions).'Faulty' means containing a fault or defect, imperfect or defective.
'Goods' means the goods or services, which the Seller is to sell in accordance with these Terms and Conditions of Business.
'Original Image' means the Buyer's original image file(s) as uploaded/submitted to the Mynuphoto website.
'Processed Image' means the Original Image plus any enhancements/adjustments made by the Seller, necessary to produce or deliver the Goods.
'Order' means the Buyer's order for Goods or services.
'Part Order' means any individual item/element contained on the Buyer's Order .
'Order Confirmation' means the Seller's written Confirmation pursuant to Condition 3b.
'Price' means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
'Person' means any person, firm or company.
'Special Conditions' any conditions in relation to orders set out and designated as such in the Order Confirmation.
'Terms and Conditions of Business' means the standard terms and conditions of business set out in this document.
'Writing' includes, other than for the purpose of Condition 10, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of sale
- These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
- Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
- The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods, which are not confirmed in this way.
3. Orders and specifications
- All Goods are offered for sale by the Seller subject to availability and subject to the Seller’s acceptance of the Order.
- The Seller reserves the right to reject any Order or Part Order, without the obligation to assign any reason for so doing.
- By submitting an Order to mynuphoto.com, the Buyer is acknowledging and accepting that they own full copyright of any Original Image submitted in that Order, or that they have written permission from the copyright owner allowing the Buyer to obtain printed material of the Original Images.
- The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
4. Quality and condition of Goods
- The Seller, upon receipt of the Order, will deliver the Goods in accordance with the details indicated in this document, on the Mynuphoto website and further outlined in the FAQ section of the Mynuphoto website.
- By accepting the Order, the Seller agrees to produce the Goods in accordance with the specification as set out in the Order.
- End quality of the Goods will be determined by the quality of the Original Image uploaded by the Buyer. The Seller will make every effort to produce the Goods with as much detail and quality as possible, but is limited to certain conditions as set out in this document and on the Mynuphoto website. These conditions include:
5. Price, payment and currencies
- Prices are marked as being either inclusive or exclusive of GST. GST is calculated based on the final value of your order and is displayed in the checkout process, at the rate applicable to your country. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
- Payment must be made by credit card or debit card at the time of placing an Order, which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
- The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Buyer and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Buyer's credit card, debit card before accepting the Buyer's Order.
- The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
- The Seller will endeavour to process the Order and manufacture the Goods within the time stated clearly in the FAQ section of the website; however manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
- The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
- The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
- If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
- Goods may not be returned to the Seller except as provided in Condition 8 below.
7. Risk and property
- Risk of, damage to, or loss of the Goods will pass to the Buyer on delivery at the agreed address.
- Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
8. Returns, refunds and rights of cancellation
- The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
- Notice of the Buyer wishing to cancel any Order must be made by email to the email address of the seller [email protected] This email must be received and accepted by the Seller prior to the printed status indicator becoming activated in the user account.
- For the avoidance of doubt, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer's specifications.
- Returns will only be accepted by the Seller, where the delivered Goods have clearly been damaged in transit. Under these circumstances the Goods should be returned to the Seller immediately at the expense of the buyer, where the damaged Goods will be reissued. The Seller will not be liable for return of any Price against damaged Goods.
- Notice of returning damaged Goods must be made by email immediately upon receipt of the Goods to the Sellers email address of [email protected]
- The maximum timeframe for notifying Mynuphoto and returning damaged goods passes immediately upon receipt of the Goods, or to a maximum of four days from the Seller's dispatch date, whichever time comes sooner. Following this time any liability for damaged Goods passes to the Buyer and the transaction and contract is deemed complete.
- Any items of Goods that are returned by the Buyer to the Seller should be returned in their original packaging.
9. Limitation of liability
- The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 8e; or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, any delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 9a.
- The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
- The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
- This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the Mynuphoto website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
- In no event will any third party marketing partner or affiliate (e.g. Facebook, twitter) have any liability whatsoever to Buyer in connection with the services provided through the Mynuphoto website. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
10. Intellectual property
- This website is owned by the Seller and operated by mynuphoto.com. Unless otherwise noted in this website, mynuphoto.com owns the copyright with respect to all content on the website. Content includes: graphics, images, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of mynuphoto.com's copyright. Additionally, the Mynuphoto website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of mynuphoto.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
- The mynuphoto.com logo, name, button icons, scripts and service names are the trade dress of mynuphoto.com. Mynuphoto.com's trade dress may not be used in connection with any product or service that is not mynuphoto.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits mynuphoto.com. All other trademarks not owned by mynuphoto.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mynuphoto.com.
- The Buyer agrees that, as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
- The mynuphoto.com services include the photographic printing of Original Images supplied to mynuphoto.com directly by its Buyers. The photographic prints created are then returned to the Buyer in the form of Goods. By submitting any Original Image material to Mynuphoto for print, the Buyer is claiming and is deemed to have full copyright ownership of any Original Image material supplied. The Seller shall not be liable in any way for any copyright claims or issues arising from the printed photographic material generated from the Buyer's Original Image files.
11. General and miscellaneous
- Correspondence.Any correspondence given or made regarding the Contract must be in writing (writing on the screen of a visual display unit or other similar device, is also treated as writing for the purposes of this Condition).
- Website availability.Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the Mynuphoto website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
- Typographical errors.Information on the mynuphoto.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the Mynuphoto website is accurate, complete, reliable, current, or error-free.
- Off-site links.A link to a non-Mynuphoto website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
- Headings.All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
- User registration, eligibility and account activity.In registering for a mynuphoto.com account, the Buyer acknowledges and represents that he/she is an individual of at least 14 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the Mynuphoto website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering with mynuphoto.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number where applicable. When using this website the Buyer must obey all applicable international and local laws.
- User suspension and/or termination.The Seller, in its sole discretion, may terminate the Buyer's user registration for violating mynuphoto.com Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration.
- Seller's right of removal of materials.The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the Mynuphoto website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials, which, at the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
- Buyer indemnification of mynuphoto.com.The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from the Buyer's submissions to the Mynuphoto website, and/or from the Buyer's unauthorised use of material obtained through the Mynuphoto website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the Mynuphoto website.
- Seller's right of change and amendment.The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
12. Mynuphoto image competition
The Mynuphoto image competition is a bi-monthly competition allowing Buyers to voluntarily submit Original Images to enter.
Prizes for the competition are indicated in the competition details, as set out in the modal box on the checkout page of the website.
To enter for competition all the Original Images contained in their Order, a Buyer should tick the competition checkbox, located on the checkout page of the Mynuphoto website.
By entering their Order, the Buyer agrees to the following terms and conditions:
- The Buyer is entering for competition all of the Original Images that appear on the associated order.
- The Buyer is acknowledging and confirming that they own full copyright for all images entered, or have permission from the copyright owner to enter these images.
- The Buyer acknowledges and agrees that their images may appear on the Mynuphoto social-media pages, leading up to and following the judging of the competition.
- Images displayed will be accompanied by the user's first name and location.
- Winning images may appear on the homepage of the Mynuphoto website, either in the image carousel or in the 'What we do' section.
Mynuphoto reserves the right to refuse any images for entry based on unsuitable content. Judging will take place on the last day of every second month.
The judge’s decision is final and winning entrants will be notified by email.
Each winner will receive a voucher for use on the mynuphoto.com website.