Read this ‘Terms of Use Agreement’ before accessing website.
Effective Date: This Terms of Use Agreement was last updated on 1st July, 2007.
This Terms of Use Agreement sets forth the standards of use of The Picture Source Online Service. By using the www.picsource.com.au website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.picsource.com.au website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Disclaimer of Warranties.
The site is provided by The Picture Source on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Picture Source makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Picture Source shall have no liability for any interruptions in the use of this Website. The Picture Source disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
THE PICTURE SOURCE SHALL NOT be liable for any damages whatsoever, and in particular THE PICTURE SOURCE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if THE PICTURE SOURCE has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold The Picture Source, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
The Picture Source reserves the right to modify or discontinue the Service with or without notice to the Member. The Picture Source shall not be liable to Member or any third party should The Picture Source exercise its right to modify or discontinue the Service. Member acknowledges and accepts that The Picture Source does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Victoria, in Australia. As such, we are subject to the laws of the State of Victoria, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Victoria.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright of The Picture Source with all rights reserved, or is the property of The Picture Source and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Picture Source is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Picture Source.
All other trademarks displayed on The Picture Source’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Picture Source.
Note that no copyright is granted unless full payment of the agreed use fee is received by The Picture Source.
Publication of Photographs
The Picture Source may, but is not obligated to, monitor the information, including photographs that could be posted on this site. The Picture Source may refuse orders for products with indecent, obscene, lewd, or illegal material or that may violate copyrights or privacy rights of others or for any other reason. As above, all information including photographs on this site is copyright The Picture Source and cannot be published either in print or electronically without the written permission of The Picture Source.
Order Acceptance Policy
When you place an order on this site you will receive Email confirmation that The Picture Source has received your order. Your receipt of an electronic or other form of order confirmation does not signify The Picture Source’s acceptance or confirmation of your order. The Picture Source reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled before it has been produced or entered into the production process, you will receive a prompt refund credit to your account. The Picture Source reserves the right, at any time after receipt of your order, to supply less than the quantity you ordered of any item. The Picture Source may require additional verifications or information before accepting any order. Price and availability of photographs and other products and services offered on this site are subject to change without prior notice.
Return Policy
If you are not completely satisfied with your photographs when you receive them, please contact The Picture Source regarding our return policy. We will instruct you how to return goods for replacement or the proper credit. The Picture Source works cooperatively to ensure that all goods produced by us are acceptable to the customer.
Shipping Policy
Items you order will be shipped as per the delivery/shipping options you select on our site. Shipping and handling charges are determined by The Picture Source and are charged to you at the time you place your order in accordance with The Picture Source’s pricing policies. The Picture Source accepts no responsibility whatsoever for loss or damage to purchases once the goods are in the hands of the delivery/shipping company.
Goods & Services Tax
The Picture Source charges a Goods and Services Tax (GST) of 10% on all sales to Australian addresses, including shipping and handling charges. GST is included in the total order price unless otherwise stated.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Picture Source, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.