- exclusions and limitations on our liability (refer to "Restrictions on Use", "Photo Storage", “Liability”, "Product Quality" and "WiFi Term"). This includes:
- an exclusion of any claims against us in relation to our reporting of certain content in your photos to law enforcement authorities;
- an exclusion of our liability in relation to any loss of your data following notice of the removal or deletion of your photographs from the Service;
- exclusions and limitations of our liability with respect to the availability, performance, security, characteristics or operation of the Service;
- exclusions of our liability with respect to certain other identified losses;
- an exclusion of claims with respect to the design or quality of the Product, where such quality or design is beyond our reasonable control; and
- an exclusion of conditions and warranties related to our provision of the WiFI network.
- As part of the Service, you may store your photographs or compilations on the Service for up to 24 months from the date on which the relevant photograph was uploaded to the Service (for photographs) and for up to 24 months from the date on which the relevant compilation was last edited (for compilations) (Storage Period). Without any further notice to you, we may remove and delete all photographs and compilations following the expiry of that photograph's or compilation’s Storage Period. We may periodically undertake such removal and deletion at various intervals throughout the year. We recommend you take appropriate steps to back up photographs and compilations submitted to the Service prior to the end of each Storage Period.
Please ensure you review and understand all the terms including the provisions highlighted above before placing your order.
BIG W PHOTOS
The provisions of section 1 – “Contracting Entity / Entities” and section 2 – “General Terms” apply to all use of this Service.
If you also choose to purchase physical items through this Service, section 3 - "Printing Service" will apply.
If you are accessing the Service in-store using a WiFi network, section 4 - "WiFi Terms" will apply.
- CONTRACTING ENTITY/ENTITIES
- GENERAL TERMS
Membership or Guest Access/Use
You may access and/or use the Service as a guest or as a member. To become a member, you must provide your name, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply Products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at https://help.bigwphotos.com.au/hc/en-us/requests/new.
You will receive an email from us after you create your membership account. We only permit one registration per email address. You must not use another member's account without permission.
You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us at https://help.bigwphotos.com.au/hc/en-us/requests/new.
Use of the Service
If you incorporate any of the covers, embellishments, images, backgrounds, borders, predesigned templates or fonts we provide via the Service ("Creative Content") into any Product we grant you a limited, revocable, non-transferable and non-exclusive personal licence to use that Creative Content solely as part of that Product.
Restrictions on use
You may only use this Service to manage, edit and/or print your photographs as permitted by the Service. You must not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Service in any way.
Except to the extent that the Copyright Act 1968 (Cth) allows you to do so, you must not reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the Service. You must not modify, pledge, sublicense, rent, lease, or create derivative works based on the Service, including its user interfaces. The source and object code of the Service must not be accessed, examined or shared except as permitted by law.
You must not use the Service for any inappropriate activities such as, transmitting, retrieving, storing or printing offensive materials (including photos, videos, audio or text) which are harassing, defamatory, discriminatory, copyright, pornographic, illegal, not suitable for persons under the age of 18 years, a privacy violation or where we consider such activities reflect unfavourably on us, our third party service suppliers or the Service.
You acknowledge that if, in our absolute discretion, we consider your use of the Service is in violation of any laws, including without limitation, laws relating to child pornography and child or animal abuse, that we will report you to the appropriate law enforcement authority and you will have no claim against us for any loss or damage you suffer whatsoever as a result of your activities being reported to the appropriate law enforcement authority.
You must not do any act that may damage or interfere with the Service network or systems or cause the quality of the Service to be impaired or 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.
Photo Storage Duration
The Service includes the option for you to store your photographs or compilations of photographs as part of the Service for up to a period of twenty-four (24) calendar months from the date on which you upload those photographs (for photographs), and, for up to a period of twenty-four (24) calendar months from the date of last edit (for compilations) (Storage Period). Without any further notice to you, we (or a third party on our behalf) may remove and delete all photographs and compilations following the expiry of that photograph's or compilation’s Storage Period. We may periodically undertake such removal and deletion at various intervals throughout the year.
We are not responsible for any loss of data resulting from removal and/or deletion of your photographs or compilations. We recommend you take appropriate steps to back up photographs and compilations submitted by you to the Service prior to the end of each Storage Period.
Ownership of images and your warranty to us
We claim no ownership rights in any images or photographs submitted to the Service.
The copyright owner continues to own all of the images submitted to the Service.
You 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, including any images or photographs which are supplied from your social networks.
The licence you grant to us
You grant us a perpetual worldwide non-exclusive transferable royalty-free licence to copy, reproduce, display, modify, adapt or alter, transmit and communicate your images and photographs in relation to our Products and Services, and to make your images or photographs available to any third party to whom you have chosen to share them.
You acknowledge that we have no control over the use of your images or photographs by any third party with whom you have chosen to share your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs by any such third party. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying by that third party. A third party does not include our employees, agents and contractors used in providing the Service or production of the Products.
Your Infringement of Copyright
We respect the intellectual property rights of others. If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you for resolution. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend your membership until such time as the complaint is resolved. If you do not notify us within sixty (60) days of the Referral Date that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate your membership or access to the Service, as relevant.
However, to the extent that we are permitted by law to do so, we make no representations or warranties, express or implied, under laws other than the Australian Consumer Law with respect to the availability, performance, security, characteristics or operation of the Service, and will not be responsible for breach of any such implied term.
To the full extent permitted by law, we limit our liability for a breach of your Consumer Rights, at our option, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any (a) interruption of business; (b) access delays to, access interruptions to, suspension of or discontinuation of the Service; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with the Service; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Service; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control.
All information and content available on the Service and its “look and feel”, including but not limited to the Creative Content, trade marks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation of them (collectively, the "Service Content") are the property of us, our affiliates, partners, licensors, or third parties and are protected by Australian and international laws, including laws governing copyrights and trade marks. Except as set out in the limited licences above, or as required under applicable law, neither the Service Content nor any portion of the Service may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. All rights not expressly granted are reserved.
We may, at our sole discretion, refuse to process orders if we consider them to be:
(a) offensive, personally offensive, defamatory, abusive, obscene, pornographic, upsetting, menacing, threatening or harassing;
(b) 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; or
(c) copyrighted content or material is being used without the express permission of the owner or which infringes the intellectual property rights of any person;
Cancellation of Orders
Once an order for Products is placed by you through this Service, that order becomes binding.
Due to the personalised nature of the Products ordered through this Service, once made, any order for Products placed by you through this Service normally cannot be cancelled or adjusted. However, if you believe you have placed an order in error, please email or contact us using our contact details 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.
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.
If you have any query about the progress of your order for any Products, please contact us and quote your order number (you will receive this number after a successful transaction at this Service).
https://help.bigwphotos.com.au/hc/en-us/requests/new for details on how to contact us.
Prices, Products and Services
Prices displayed on this Service are in Australian dollars. Prices may not include delivery charges. Prices are subject to change by us. We reserve the right to correct any errors or misprints.
All payments must be made in full prior to the release by us of your order for production via the relevant payment gateway facilities accessible via the website or in-store and will be subject to any terms and conditions of these payment providers.
If you order a Product through the Service, delivery times are as advised by us from time to time and unless expressly advised to the contrary, are estimated delivery times only. We do not accept responsibility for any delays caused by any delivery provider.
If any product ordered by you through this Service arrives damaged, is not of acceptable quality or a problem has occurred in the production of your order you may have rights under our Returns and Refunds Process and additional legal rights and remedies in Australia under the Australian Consumer Law and other laws.
Nothing contained in our Returns and Refunds Process is intended to exclude or limit those rights and remedies. Our Returns and Refunds Process contains details of how to contact us to address a possible claim and to sort out arrangements for the possible return of the product that is the subject of a claim. Please view our Returns and Refunds Process for this Service at https://www.bigwphotos.com.au/pages/refund-return-policy.
To the extent permitted by law, your use of the Service to order and produce a Product suitable to your needs and quality expectations is at your own risk.
You acknowledge that:
(a) a Product may require you to use creative and artistic skills and the Product produced will be dependent on the quality of your creative and artistic skills, the quality, image size and photographic equipment used to create any photographs and Products and your ability to use the Service to its full capacity;
(b) the colours, tones and borders in your Products may be different from how they appear on your computer screen or in other digital or hard copy form; and
(c) we will not modify, enhance and/or improve any photographs you provide to us prior to producing the Product.
You warrant that you will not make any claim against us or our third party product suppliers if you are disappointed with the design or quality of the Product, where such quality or design is beyond our reasonable control.
4. WIFI TERMS
If you are accessing this Service through a device inside a retail store on that store's internal network, these WiFi terms will apply in addition to the terms set out in sections 1, 2 and 3 (if you are purchasing physical Products through the Service) above.
During the course of your use of the WiFi network, you must not access, store, distribute or transmit any viruses or any content that (without limitation) is unlawful, harmful, threatening, defamatory or obscene, facilitates illegal activity, depicts sexually explicit images, is discriminatory on the basis of (without limitation) race, gender, colour, religion, sexual orientation or disability or is otherwise illegal or would cause damage or injury to any person or property.
The WiFi network is intended for your limited personal, non-commercial, non-exclusive, non-transferable use, and you will not use it for any other purpose, including (without limitation), reselling access to the WiFi Network to a third party, or hosting a web server or other server.
By providing the WiFi network, we do not control, and are not responsible for, any data, content, services or products that you access, download or buy from a third party provider while connected to the WiFi network. We accept no responsibility and will not be liable for any damage to, or viruses or other harmful code that may infect your device or other property on account of, or in connection with, your use of the WiFi network.
We do not guarantee uninterrupted provision of the WiFi network and do not provide any service level with respect to availability or specifically in relation to access and download speeds for persons utilising the WiFi network. Actual network speed and accessibility will vary based on device configurations, compression, distance, network congestion, interference, memory, storage and other factors.