Welcome to the BIG W Photos internet service (“Service“) provided to you by FUJIFILM Australia Pty Ltd, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia. When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.
Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service. By entering and using the 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 FUJIFILM Australia Pty Ltd that you will comply with the Terms and Conditions and use the 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 services described on this site for members. We only permit one membership for each genuine email address. Your email address (as last notified by you to us) will be used for sending you all notices.
2. Your Password and Account You are responsible for maintaining the confidentiality of your password and account details. 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.
3. Termination of Membership We reserve the right to terminate by notice the membership of any member where stated in these Terms and Conditions. Unless otherwise stated, we will give a member at least 2 days’ notice that we are terminating that member’s membership.
If a provision of these Terms and Conditions does not specifically give us the right to terminate by notice the membership of any member who breaches that provision and a member breaches that provision, then we reserve the right to terminate by notice the membership of that member if they do not comply with our reasonable instructions to remedy the breach. Following the failure of that member to comply with our reasonable instructions to remedy the breach, we will give that member at least 2 days’ notice that we are terminating that member’s membership. That termination of membership will take effect at the end of that 2 day period.
You may terminate your membership at any time by emailing or telephoning a request to do so to our customer service support team at Contact Us
If membership is terminated, the member will no longer be able to access the Service and we will remove the member’s materials from the Service. We are not responsible for any loss of data resulting from removal of or deletion of materials.
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 amount already paid.
4. Your Copyright Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and 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. We reserve the right to terminate your membership for breach upon giving notice to you if this representation and warranty is incorrect.
We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill print orders made for your images and photographs you grant to us and to any photofinishing store or other third party engaged by us to produce the products (including fulfilling print orders of your images or photographs), a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.
You acknowledge that we have no control over the use of your images or photographs by any third party and shall not be held liable for any use, publication or copying of your images and photographs by any 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 a third party. A third party is a person other than our Employees, Agents and Contractors used in providing the Service or production of the products.
COPYRIGHT CLAIMS We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member’s responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the “Referral Date“), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member’s membership for breach immediately upon giving notice to that member. Nothing contained in this paragraph however will restrict our right to terminate the membership of a member under the first paragraph of this clause 4 due to a breach by that member of their warranty and representation that they are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which they submit to the Service.
5. Intellectual Property Rights Any trade marks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner. You should assume that all of the content made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. We reserve the right to terminate your membership upon giving notice to you if you breach this clause 5.
6. Altering Terms and Conditions We reserve the right to change these Terms and Conditions at any time. Notice of changes to these Terms and Conditions and their effective date will be published in the Terms and Conditions section that may be accessed from the homepage of the Big W Photos website www.bigwphotos.com.au. We recommend you check that section of the website for changes each time you use the Service and before placing any order. The changed Terms and Conditions will apply to the Service and any order you place from the effective date of the change. If you do not agree with a change to these Terms and Conditions you may terminate your membership at any time as set out in clause 3. We are not responsible for any costs incurred by a member as a consequence of these Terms and Conditions changing. Should we choose to provide you with notice of alterations to these Terms and Conditions, you hereby agree to receive from us email notification of the alterations. We do not promise that we will provide you with email notice of any change.
7. Materials and Content Not Permitted on this Service Any image or photograph submitted by you to the Service is subject to our review.
We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws.
Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws.
Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any store to the Service any image or photograph the content of which:-
- is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years;
- is 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;
- is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person; or
- in our opinion reflects badly on the Service.
- to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business or us or any such third person;
- to 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.
- submit to the Service any image or photograph that we deem to be to be objectionable or contrary to applicable laws; or
- use the Service in a manner not permitted by this clause 7.
8. 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 products. This clause 8 is subject to and does not exclude or limit any of those rights or remedies.
Your accessing or use of the Service is at your own risk. You should take appropriate steps to back up materials submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness or performance of the Service. Neither we nor any of our Employees, Agents and Contractors involved in the creation, provision or maintenance of this Service or production of the products will be 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 there is any loss, damage or mishandling of your digital image by us or our Employees, Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products (even where due to negligence or other fault by us or those Employees, Agents and Contractors) or if unauthorised access is gained or misuse of an image is made by any third party to the extent permitted by law our liability is limited, at our option, to uploading your materials to the Service, reprinting an image for you or refund of any money paid by you to us.
Except as expressly provided in these Terms and Conditions and to the fullest extent allowed by the law neither we, nor any of our Employees or our Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products are liable for any loss or damages of any kind arising out of your access to or use of this Service.
9. Governing Law This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.
10. Severability If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us.
11. Entire Agreement These Terms and Conditions together with:
- the Big W Photos’ Returns and Refunds Process (a copy of which is available here ) and which is incorporated here by reference; and
constitute the entire agreement between you and us with respect to the use of the Service, the ordering of products by you through this Service and the production and delivery of those products in fulfillment of those orders.
12. Waiver The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
13. Delivery You should allow 10 working days for your order to be shipped to your requested delivery address by mail or store for pick-up. To the extent permitted by law we do not accept responsibility for Australia Post or other third party delivery delay or error. Please refer to item 8 Liability.
14. Returns 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 on this Service.
We and our Agents and Contractors who fulfil your orders for products from this Service, may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details.
We and the Agents and Contractors mentioned above, will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We, and the Agents and Contractors mentioned above may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services offered on this Service which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information.
16. Definitions 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 FUJIFILM Australia Pty Ltd;
“Employees” means any employees, directors and officers of FUJIFILM Australia Pty Ltd;
“we” or “us” or “our” means FUJIFILM Australia Pty Ltd.
17. Photo Storage The Service’s photo storage facility is known as My Photos.
When you become a member of this Service you receive free storage of images for your photo albums for 12 months’ from the date of activation. Thereafter, a member will maintain free storage for their albums provided that a verified print order is made at least once every 12 months either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 12 months i.e., the 12 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 12 months.
At the end of the free storage period we may, without further notice to you, remove and/or delete your photo albums. We are not responsible for any loss of data resulting from removal and/or deletion of materials.