roomimages.com TERMS AND CONDITIONS
www.roomimages.com Pty Ltd (ACN 133 686 647)
If you intend to use the Website for the purposes of submitting or purchasing any content, or creating a user account, at the Website, you may be required to agree to further terms and conditions for advertising, subscribing, or supply of those products or services with the Website Owner.
You acknowledge, represent and warrant to the Website Owner that:
you are at least 18 years of age or are the authorised representative of a legal company legally incorporated company or enterprise;
If you cannot give any of the warranties or representations above, you must immediately stop and cease using this Website.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR MATERIAL OR CONTENT DISPLAYED ON THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, AFTER WHICH TIME ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PROTECTION OF THE WEBSITE AND OTHER USERS
You must not:
alter or modify any part of the Website, including but not limited to any viewer or player comprised in or used on or in relation to the Website or any related technologies (including where such player or viewer is located on a user’s access device.
distribute in any medium any part of the Website, including but not limited to any content or material appearing on or accessible via the Website (defined below), without the Website Owner's prior written authorisation.
Use or launch any automated system, including without limitation, viruses, malware, spyware, packet monitors, "worms", rootkit tools, "trojans", "bots", "robots", "spiders", or "offline readers", that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the above, the Website Owner grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website Owner reserves the right to revoke these exceptions either generally or in specific cases. Collect, harvest, copy or reproduce any personally identifiable information, including, pictures, names, or any other detail from the Website, nor to use the communication systems provided by the Website (including, without limitation, any comments or emails) for any commercial solicitation purposes.
You consent to the Website Owner collecting and storing your IP address and other automatically collected data for confirmation, security and statistical purposes.
The Website Owner reserves the right to discontinue any part or aspect of the Website at any time.
USE CESSATION POLICY
ACCESS TO AND USE OF CONTENT ON THE WEBSITE
All material and content on the Website, other than documents, images or material appearing in documents or material provided by persons submitting content to the Website Owner, including without limitation, the text, software, scripts, graphics, photos, depictions, sounds, music, videos, interactive features and the like ("Content") and any trade marks, service marks and/or logos contained in any such Content are owned by or licensed to the Website Owner, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you on an "AS IS" basis for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, communicated or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Website Owner expressly reserves all rights not specifically granted in or in relation to the Website and the Content.
Except as provided for following a purchase transaction to which the Purchaser Terms apply, you may only access content provided to the Website Owner by persons submitting such content ("Submitted Content"):
for your information and personal use;
as intended through the normal functionality of the Website;
in the manner and form presented including with respect to the image size, file format, watermarks, authorship attributions; for the purposes of viewing and evaluating such Submitted Content provided that you are not entitled to copy, alter, amend, reproduce, create any derivative, translate or otherwise use or deal with Submitted Content or any part of it and the data comprising the Submitted Content is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed without the express consent and licence of the Website Owner.
When using the Website, you will be exposed to Submitted Content from a variety of sources, and you understand, acknowledge and agree that:
the Website Owner is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or in relation to any such Submitted Content.
The Submitted Content may be inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Website Owner in relation to any access to the Website, Content or Submitted Content, and agree to indemnify and hold the Website Owner, its affiliates, and/or licensors, harmless to the maximum extent allowed by law in relation to all matters related to your use of or access to the Website.
The design or layout of this Website may not be copied or reproduced in any way.
No logo, graphic, sound or image from any website operated by the Website Owner may be copied or retransmitted unless expressly permitted by the Website Owner or any relevant third parties from which the Website Owner may have a licence to use such logo, graphic, sound, image, content or material.
The Website Owner neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Website Owner. No part of the information on this Website may be distributed or copied for any public or commercial purposes. Any unauthorised use of the material or images included on this Website may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.
You are prohibited from unlawfully using any of the copyright content and passing off content from this Website as your own. You are not permitted to "mirror", "deep-link" or "frame" this Website within another website, and/or copy all or any part of this Website for re-use on your website or any other website.
The name and logo of the Website Owner, and other brand names, logos or trade marks on this Website (unless otherwise indicated) are the trade marks of the Website Owner ("the Trade Marks"). You may only use the Trade Marks to identify the Website Owner's products or services and, in doing so, you must adhere to the following guidelines:
The Trade Marks must not be used as nouns, verbs or in plural form. The Trade Marks should only be used as adjectives followed by a noun.
The first reference to the Trade Mark, whether in a document (hard or soft copy), packaging or promotional material, must incorporate the trade mark symbol (™) followed by an asterisk (eg, "http://www.roomimages.com" www.roomimages.com ™*).
Any document (hard or soft copy), packaging or promotional material that incorporates the Trade Marks must also include at the conclusion of the document or somewhere obvious on the packaging or promotional material the following credit line:
"roomimages is a trade mark of "http://www.roomimages.com" www.roomimages.com Pty Ltd (ACN 133 686 647) trading as "roomimages""
The Trade Marks are not to be used in conjunction with your company name, product names or service names. The Trade Marks or copyright material in the titles of demonstrations, presentations, seminars, published material (hard or soft versions) including papers, journals, magazines, books, booklets and manuals must not be used without the prior written consent of the Website Owner. In any event, the reference must be less prominent than the remainder of the text and include the trade mark symbol (™) followed by an asterisk and the following credit line:
" .............. is a trade mark of ................ which is independent of "http://www.roomimages.com" www.roomimages.com Pty Ltd (ACN 133686647) trading as "roomimages""
The Trade Marks must not incorporate any additions or alterations including hyphens or abbreviations. The Trade Marks are not to be used in a context that may give them a different meaning or convey a different idea. The Trade Marks must only be used in the same form (including typescript, colour and case) in which they appear on this Website.
The Trade Marks are not to be used in any way that may dilute their distinctiveness (ie, the Trade Marks must always be used in accordance with the above guidelines, in a manner which does not depart from the essential depiction of the Trade Marks and in a way which clearly identifies the Website Owner as the true owner of the Trade Marks).
THIRD PARTY ENDORSEMENTS
Third party trade marks depicted, used or provided on this Website belong to the respective owners of those trade marks and their provision, use or depiction does not imply any licence, authorisation, approval or endorsement by those persons, companies or entities of the Website Owner or its products or services, or any licence, authorisation, approval or endorsement by the Website Owner of any of those persons, companies or entities or of any associated organisation, product or service.
EXCLUSION OF WARRANTIES
No warranty of accuracy, completeness or reliability is given as to any material, documents or information accessible from or made available in the course of or in connection with this Website (whether by the Website Owner itself or its employees or agents or any other person or entity), and no responsibility for loss arising in any way from or in connection with errors or omissions in any information provided (including responsibility to any person by reason of negligence) is accepted by the Website Owner or by any of its agents or employees. The Website Owner accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that you may form as a result of using this Website. As appropriate, users should take action to independently confirm the currency, accuracy and completeness of any Website material before relying on that material in any important matter. This Website will be updated periodically and the information and programs available from this Website will change. In no event will the Website Owner be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website.
The Website Owner does not warrant or represent that the information or any document provided on this Website is free of any computer virus malware or any defects or errors. The Website Owner is not liable to visitors to or users of its Website, or to any other party, for any loss or damage however caused, whether by negligence or otherwise, resulting directly or indirectly from the downloading or use of any files or material on its Website, and the Website Owner's liability in such an event is limited to the re-supply of it's own files from this Website. The Website Owner recommends that prior to downloading any file or material or using any downloaded file obtained from this Website users should carry out an appropriate virus check using up-to-date anti-virus software and ensure that the user’s firewall is up to date.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE WEBSITE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY DOCUMENTS OR INFORMATION CONTAINED ON OR AVAILABLE FROM OR IN RELATION TO THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THE WEBSITE OWNER DOES NOT WARRANT, GUARANTEE, ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, OR MAKE ANY REPRESENTATION THAT:
THE WEBSITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF SOFTWARE VIRUSES OR SECURE;
THE FUNCTIONS CONTAINED IN ANY SOFTWARE CONTAINED ON THE WEBSITE WILL OPERATE INDEFINITELY OR UNINTERRUPTED OR ARE ERROR-FREE;
THE WEBSITE OR ITS FUNCTIONS WILL OPERATE ON YOUR COMPUTER IN A SECURE MANNER OR AT ALL; OR ERRORS AND DEFECTS IN THE WEBSITE WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IS NOT LIABLE TO YOU FOR:
ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN RELATION TO CONTENT, THE WEBSITE, OR LINKED SITES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR BY MEANS OF THE WEBSITE;
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
THE UNINTENTIONAL TRANSMISSION OF ANY BUGS, WORMS, TROJAN HORSES, VIRUSES, MALICIOUS COMPUTER CODE OR ANY HARMFUL COMPONENT FROM OR BY MEANS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY BUGS, WORMS, TROJAN HORSES, VIRUSES, OR MALICIOUS COMPUTER CODE OR HARMFUL COMPONENT WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; ANY DELAYS TO, INTERRUPTIONS OF OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE CONTENT, SUBMISSIONS, PRODUCTS OR SERVICES PROVIDED ON OR IN RELATION TO THE WEBSITE, OR LINKED SITES;
UNAUTHORISED ACCESS TO OR ALTERATION OF ANY DATA TRANSMITTED BY OR TO YOU; ANY UNAUTHORISED ACCESS TO OR USE OF THE WEBSITE OWNER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE WEBSITE OWNER’S SECURE SERVERS;
LOSS OF ANY DATA TRANSMITTED BY OR TO YOU;
LOSS OR NON-FULFILMENT OF TRANSACTIONS ENTERED INTO USING THE WEBSITE;
UNINTENTIONAL RELEASE OF INFORMATION ABOUT YOU TO THIRD PARTIES; OR
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE, WHETHER CAUSED THROUGH NEGLIGENCE OF THE WEBSITE OWNER, ITS EMPLOYEES, DELEGATES, INDEPENDENT CONTRACTORS, OR THROUGH ANY OTHER CAUSE.
THE WEBSITE OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR BY MEANS OF THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEBSITE OWNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE OWNER EXCLUDES ALL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THIS WEBSITE (INCLUDING ANY CONTENT, MATERIAL OR SUPPORT SERVICES DOWNLOADED FROM THIS WEBSITE), EVEN IF THE WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE ANY LEGISLATION RESTRICTS THE EXCLUSION OF IMPLIED WARRANTIES OR TERMS, TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW, THE WEBSITE OWNER’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR TERM THAT MAY NOT BE EXCLUDED SHALL BE LIMITED AT ITS OPTION:
IN THE CASE OF GOODS, TO REPAIRING OR REPLACING THE RELEVANT GOODS, OR PAYING THE COST OF SUCH REPAIR OR REPLACEMENT; OR IN THE CASE OF SERVICES, TO RE-SUPPLYING THE SERVICE OR PAYING THE COST OF SUCH RE-SUPPLY. YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE OWNER WILL NOT BE LIABLE FOR ANY SUBMISSIONS MADE BY YOU OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM ANY SUCH ACTIONS OR CONDUCT RESTS ENTIRELY WITH YOU.
INDEMNITY & COST OF REPAIR, ETC
To the maximum extent permitted by law, you agree to be responsible for the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing or using the Website, and agree that the Website Owner will not be liable for any damages arising out of or in relation to any files, images, documents or information available from this Website or its server.
Any linked sites which are not owned and operated by the Website Owner are not under the control of the Website Owner and the Website Owner is not responsible for the contents of such linked site.
COMPLAINTS AND OBJECTIONS
Your name, identity, contact details and information reasonably sufficient to enable the Website Owner or its service provider to contact you, including an address, telephone number, and, if available, an email address in order that the Website Owner, its staff, agents or service providers can investigate the complaint.
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is alleged to have been infringed.
Identification of the copyright work claimed to have been infringed, or, if more than one copyright works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is sought to be removed or access to which is sought to be disabled, and information reasonably sufficient to permit the Website Owner or service provider to locate the material, including where possible a URL or link in the body of an email to the Submitted Content or other Content which is objected to assist us to locate content quickly.
Your reasons and details for the complaint or objection, and a statement that you believe in good faith that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
A statement that the information in the complaint notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is alleged to have been infringed.
The written notice should be sent to the Website Owner at the following address:
www.roomimages.com Pty Ltd
PO Box 910
WOOLLAHRA NSW 1350
Complaints may also be submitted online to email@example.com. You will need a roomimages.com account in order to submit an online complaint.
You should be aware that making a groundless or unjustifiable threat of action or proceeding for infringement of copyright without sufficient cause may be grounds under section 202 of the Copyright Act 1968 (Cth) for a person aggrieved to “bring an action against the first mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats, and may recover such damages (if any) as he or she has sustained, unless the first mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright”.
The Website Owner, its staff, agents or providers will investigate and consider whether there are grounds for removing or altering or modifying the Submitted Content or other Content which is objected to and take appropriate action as soon as reasonably practicable, although you will not necessarily be contacted as to the decision or the results of the investigation. In case of a complaint the Website Owner reserves the right to contact the person who posted the Content or comments complained of in order to clarify and obtain further details in relation to the Content or comments posted, and to enable to the person who submitted or posted the Content or comments to elaborate further and respond to the complaint, in order to assist the Website Owner to investigate the complaint and in order that the Website Owner may further consider any grounds for removal of the Content or comments complained of. If the person who submitted or posted the Content or comments is not contactable or does not respond to a request for information then the Website Owner reserves the right to remove their Content or comments without further notice.
The Website Owner does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on this Website or linked from the Website. Some of the materials in advertisements, listings, press releases or newsletters may be provided by other organisations. The Website Owner does not edit or control the financial or technical information it receives.
Due to the possibility of human and mechanical error, neither the Website Owner nor any of the contributors to this Website are responsible for any errors or omission. All information is provided "as is" without warranty of any kind. Neither the Website Owner nor any contributors to the Website make any representations as to the accuracy or integrity of the information. To the maximum extent permitted by law, the Website Owner disclaims all express, implied, and statutory warranties of any kind, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Neither the Website Owner nor its contributors will be liable for any damages of any kind incurred (including consequential loss or damage) as a result of any reliance on the information posted on this Website.
The Website Owner and its affiliates make no representations or warranties of any kind either express or implied regarding the information contained in any advertisements or directory of goods or services contained on this website. Any advertisements and listings have been obtained from sources believed to be reliable, but accuracy and completeness cannot be guaranteed. Use the information and link to any third party websites at your own risk.
DISCLAIMER OF LIABILITY
The material on or downloadable from this Website is made available on the understanding that the Website Owner is not engaged in rendering design consulting or professional advice, and is not conveyed or intended to be conveyed in the course of any adviser-client relationship or discourse. It is general information only with respect to common design matters and assisting with sales of property and issues and may not be exhaustive of all the information available on a particular issue.
In some cases the material may incorporate or summarise views, standards or recommendations of third parties. The Website Owner does not necessarily obtain independent verification of the results of any information quoted or referred to on this Website or in any material downloadable from or obtained from this Website.
In some cases the material may deal with information that is highly complex and continually developing. Caution should be applied when using or acting in reliance on the material or information to ensure that it is adequate and appropriate for a particular purpose. Users should check that they can access the necessary professional or technical skills and experience to accurately interpret and correctly use the material or information, and are advised to seek independent professional consulting advice.
The information contained on or downloadable from this Website is not extensive, is not intended to be relied on by any person and is general information only with respect to common design matters and issues and/or intended solely to assist users in appreciating the process of house design, interior design, and assisting with sales of property in general. The Website Owner cannot accept responsibility for decisions made solely on the basis of this information, and we recommend that you contact and seek professional advice from a design consultant, real estate professional or other professional adviser and independently verify any such information before acting on any information contained on this Website.
The Website Owner makes no representations about the suitability of the information contained in the documents and related graphics published on its server or this Website for any purpose. All information, material, documents and related graphics on this Website are provided "as is" without warranty of any kind.
JURISDICTION AND GOVERNING LAW
If, and to the extent that, any such dispute, controversy or claim has not been settled within ninety (90) days of the commencement of the mediation, or such further period as may be agreed to in writing by the parties, it shall upon the filing of a Request for Arbitration by either party, be referred to and be finally settled by arbitration in accordance with the WIPO Expedited Arbitration Rules without recourse to the ordinary courts of law by one arbitrator appointed in accordance with the said Rules, using such arbitrator as is agreed by the parties (and if agreed by the parties, online forum and/or online means of communication as is agreed between the parties), or in default of agreement is determined by the President for the time being of WIPO. The arbitrator shall not be the same person as the mediator. The arbitral proceedings shall take place in Sydney in the State of New South Wales in the Commonwealth of Australia in each instance, and the language of the arbitration proceedings shall be English. The dispute, controversy or claim referred to arbitration shall be decided in accordance with the laws of the State of New South Wales, Commonwealth of Australia in each instance. The arbitrator will observe the rules of natural justice and rules of evidence, a party may be represented and/or assisted by a qualified Legal Practitioner or other representative, and the arbitrator will include in the arbitration award the findings on material questions of law and of fact, including references to the evidence on which the findings of fact were based. Any arbitration decision rendered in conformity with this clause shall be final and binding upon the parties.
PURCHASER ACCOUNTS AND REGISTRATION
If you want to purchase any Submitted Content, you will need to register a Purchaser Account by completing and submitting the Purchaser Account registration form available at www.roomimages.com/register.html.
If you purchase any Submitted Content, you do so on the terms and conditions set out in these Purchaser Terms.
CONTENT TRANSACTION TERMS
All references to dollar amounts are references to AUD$ Australian dollars.
Prices displayed on the Website are subject to change without notice. Prices for items on an order are fixed once your order has been accepted and confirmed by the Website Owner.
These Purchaser Terms apply to the supply of all or any part of your order.
Your order constitutes an irrevocable offer by you to purchase the content licences and rights set out in your order for and at the price specified in your order, and remains capable of acceptance or rejection at the sole discretion of the Website Owner.
Your order will be deemed to have been received by the Website Owner at the time the Website Owner sends an email confirming receipt of your order to the e-mail address nominated in your order form or Purchaser Account.
Each order once accepted by the Website Owner is a separate agreement incorporating the terms of that order between the Website Owner and the person specified in the Purchaser Account.
These Purchaser Terms and any transaction occurring in reliance on or in connection with the use of the Website including any order is governed by and construed according to the law of the State of New South Wales, Commonwealth of Australia and the Purchaser Account holder submits to the exclusive jurisdiction of the courts in that State.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. The Website Owner takes no responsibility for any such damage which may arise in connection with your use of the Website including without limitation any material or data downloaded as a result of a transaction.
You warrant that all information and data provided by you in the creation of your Purchaser Account is accurate and up to date.
You must notify the Website Owner immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Purchaser Account, and the Website Owner is not responsible for any loss or damage suffered by you arising from any authorised or unauthorised use of your Purchaser Account.
The Website Owner takes no responsibility for the content of any Images or content purchased through or by means of the Website.
You warrant that the details contained in any order made on the Website are true complete and accurate and that you are legally entitled and able to enter into transactions and a legally binding agreement.
You agree to pay any and all charges including without limitation any handling, insurance and delivery charges applicable to your order.
You may place an order using the Website only by following the instructions on the Website.
Your order will be submitted by completing order and payment details and pressing the “PURCHASE” button.
ACCEPTANCE & DELIVERY OF ORDERS
The Website Owner reserves the right to not accept any order at its sole discretion including where the Website Owner is unable to supply or grant the rights specified in your order.
The Website Owner will use its best endeavours to provide the licence and rights specified in the order, however the Website Owner reserves the right to cancel any order without notice for any reason.
If your order is cancelled, any payments processed by the Website Owner will be refunded as soon as reasonably practicable.
The Website Owner accepts no responsibility for your inability to access the Website at any time to complete any order, or for any outage, disruption or failure to deliver any order including without limitation any outage or disruption to the Website, internet link, server or other communication.
You may be required to provide banking and financial details including credit card details, account details or other details required by the Website Owner to process a payment in respect of an accepted order.
Once the licences or rights the subject of your order are accepted and are ready for dispatch to you in the form nominated your order, the Website Owner will process payment for the Content nominated in the order (plus any additional charges including fees, taxes, duties, insurance and handling, charges) using the financial details nominated in your order.
By submitting an order, you authorise the Website Owner to debit such amount from your nominated account or credit card.
If your nominated payment method is declined (including by your financial institution), the Website Owner may at its sole discretion, cancel your order or contact you to make alternative payment and delivery arrangements.
If your payment is not accepted by the Website Owner for any reason, the Website Owner will not process the order and may not contact you to inform you that the order will not be processed.
When payment for any order has been accepted and received by the Website Owner, the Website Owner will as soon as practicable exercise its best endeavours to upload the Images and/or content purchased to a secure webpage and will send an email to the Purchaser containing a link to a secure webpage from which the Purchaser can download the content and any images purchased.
In most cases images will be available for download immediately after payment has been received and a notification email sent. In special circumstances when this is not possible the images will be made available within one working week.
The Website Owner will use its best endeavours to deliver the Images and/or content purchased (including the rights and licences nominated in the Purchase order) to the Purchaser as a high resolution .tif electronic file to the Purchaser by means of download from the secure webpage notified to the Purchaser unless otherwise agreed between the parties, however the Website Owner will not be liable to you or anyone else for any losses suffered or incurred due to delay, disruption to data transmission, incompatibility or corruption of data file or your inability to receive, open or otherwise access the Images or any content purchased.
In the event that you do not receive the Images and/or content purchased or are not able to open or use the Images or content purchased by means of download from the secure webpage notified or such other delivery method as may be agreed between the parties, you should telephone or email the Website Owner giving details of the problems encountered and where it is considered appropriate the Website Owner may then at its discretion agree to re-send the Images or content in some other format by such other means of delivery as may be agreed, including without limitation email of an alternative format of the image or content file, delivery of a physical copy, resupply of a downloaded data file, or delivery of a data file on a physical storage medium. In the event that the Website Owner deems resupply of the content or image to be impractical or too difficult, the Website Owner may in its sole discretion elect to refund to the Purchaser the amount paid to the Website Owner by the Purchaser.
You acknowledge that all Intellectual Property in any Submitted Content on the Website is and remains the property of the Contributor or Photographer who submitted that Submitted Content and unless expressly authorised and in accordance with the terms of the licence rights set out in the order you may not reproduce adapt, modify, display, perform or distribute any Image or content or any part of the Image or content.
RELEASE AND INDEMNITY
The Website Owner has taken steps to ensure that Images are displayed as accurately as possible on the Website (taking into account size, colour, browser compatibility, resolution and file size limitations). The Website Owner notes that as the display of images and colours will depend on a User’s monitor, graphics settings and the software and hardware used to view an image, the Website Owner cannot guarantee and makes no representation that an image ordered will be exactly the same as any image as it is displayed on the Website (including any thumbnail or low resolution positionary image). Images appearing on the Website may have been cropped, expanded, rotated, reversed, resized, compressed or otherwise altered. Users are responsible for ensuring prior to making any order using the Website, that any image displayed is displayed accurately on the User’s monitor. Images ordered and downloaded using the Website are supplied “as is” and entirely at the risk of the User. The Website Owner is not liable or responsible to any User in respect of any variance or difference between an Image as displayed on the Website and an image downloaded by the User (including as pursuant to an Order).
You waive, release, discharge and relinquish any and all claims that you now have or may have against the Website Owner which are connected with, arise out of, relate to or are incidental to the use of the Website.
You agree to indemnify the Website Owner and keep the Website Owner indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by the Website Owner arising out of or in connection with the Website by any other person as a result of any use of your passwords by you, or any other person.
LIMITATION OF LIABILITY
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of the Website Owner (in negligence or otherwise) is limited (at the option of the Website Owner) to the resupply of content or licence rights, or the amount paid by the owner of the Purchaser Account in respect of an order.
The Website Owner is not liable for any indirect or consequential loss which may be incurred or suffered by the Purchaser directly or indirectly as a result of any purchase from the Website Owner.
Nothing in these Purchaser Terms is intended to limit or exclude any liability where and to the extent that applicable law prohibits such exclusion or limitation.
No advice or information, whether oral or written, obtained by you from or through the Website or by any agent will create any warranty not expressly given by the Website Owner in these Purchaser Terms.