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Welcome to the Warner Village Theme Parks Online Photo Store
internet service ("Service") provided to you by FUJIFILM Australia Pty Limited,
ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia.
When you use 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 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. Intellectual Property
Rights
Any trademarks, 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.
2. Altering Terms and Conditions
We reserve the right to alter these Terms
and Conditions at any time without notice to you. We will not be held responsible for
any costs incurred by a user as a consequence of these Terms and Conditions
changing.
3. You are not permitted
to use 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;
- 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.
4. Disclaimer of Warranty
and Limitation of Liability
This statement is not intended
to exclude or limit any rights which you may have under the
Commonwealth Trade Practices Act or equivalent State Laws.
To the extent permitted by law,
the Service and all products and services provided by us are provided
"as is" with no warranties whatsoever and all express, implied and
statutory warranties including the warranties of merchantability
and fitness for a particular purpose are expressly disclaimed.
Your accessing or use of the Service
is at your own risk. The Service is not warranted to be error free
or uninterrupted. We disclaim any warranties for the security,
reliability, timeliness and performance of the Service. Neither we
nor any other person involved in the creation, provision or
maintenance of the Service shall 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.
In the event of any loss, damage
or mishandling of your film or digital image by us, our affiliates,
agents or employees even where due to negligence or other fault
or if unauthorised access is gained or misuse of an image is made
by any third party our liability shall be limited, at our option,
to replacement of an equivalent amount of unexposed film and
processing, uploading to the Service, reprinting an image for you
or refund of any monies paid by you to us. This is your exclusive
remedy for any loss, damage or mishandling.
Except as expressly provided
in the immediately preceding paragraph to the fullest extent
allowed by the law neither we, nor any other person involved
in the creation, provision or maintenance of the Service, shall
be liable for any direct, indirect, special, incidental or
consequential damages arising out of your access to or use
of this Service.
5. 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.
6. 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.
7. Entire
Agreement
These Terms and Conditions
constitute the entire agreement between us with respect to
the use of the Service.
8. Waiver
The failure by us to enforce
any right or provision of this agreement will not constitute
a waiver of the right or provision.
9. Delivery
We will ensure that your order is shipped
within 7 days of receipt. We cannot accept responsibility for Australia Post
delivery or other third parties. Please refer to item 4 Limitation of
Liability.
10. Returns
If your order arrived damaged,
please email our customer service team at returns@fujicolor.com.au
and quote your order number (you will receive this number after a successful transaction
at this site). We'll let you know whether you need to return the item to Print@Fujicolor.
If you do need to make a return, simply send your order - in the original packaging,
if possible - along with the Order Summary to the following address:
FUJIFILM Australia Pty Limited
Attn: Digital Help Desk - Customer Returns
114 Old Pittwater Road
Brookvale, NSW 2100
Australia
We will refund your account when we receive your return.
11. Privacy
The privacy of your personal information
is important to us. Please view our Privacy Policy, FUJIFILM Australia and Your
Right to Privacy, at this Site. Should you have any questions concerning
privacy, please see our Privacy Policy or contact our Privacy Officer
at 02 9466 2600 or email at privacy@fujifilm.com.au.
We, or the
photofinishing laboratory which fulfils your print orders 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, or the photofinishing stores
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
photofinishing stores 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, and the
photofinishing stores mentioned above, may also send you
promotional information and/or special offers about products
and services which we think may be of interest to you, unless
you indicate that you do not wish to receive such
promotional information.
12. Definitions
In these Terms and Conditions the following
expressions shall have the following meanings unless otherwise stated:-
"we" or "us" means FUJIFILM Australia Pty Limited
including, its employees, agents or sub-contractors.
WARNER BROS. MOVIE WORLD and logo and all related characters and elements are trademarks of and © Warner Bros. Entertainment Inc. LETHAL WEAPON, MAVERICK, POLICE ACADEMY, MEMPHIS BELLE, BEETLEJUICE and LOONEY TUNES and all related characters and elements are trademarks of and © Warner Bros. Entertainment Inc. BATMAN and all related characters and elements are trademarks of and © D.C. Comics. JUSTICE LEAGUE and all related characters and elements are trademarks of and © D.C. Comics. CASABLANCA and all related characters and elements are trademarks of and © Turner Entertainment Co.
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HARRY POTTER, characters, names and? all related indicia are trademarks of and © Warner Bros. Harry Potter Publishing Rights © JKR.
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COCA-COLA and the Contour Bottle Design are registered trademarks of the Coca-Cola Company. All Rights Reserved.
SCOOBY-DOO and all related? characters and elements are trademarks of and © Hanna Barbera.
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THE MATRIX RELOADED © 2004? Village Roadshow Films (BVI) Limited.
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Scout name and all related elements are trademarks of Warner Bros. © 1996. All rights reserved.
SEA WORLD © 2005 and TM Sea World Property Trust
AUSTRALIAN OUTBACK SPECTACULAR © 2005 Warner Village Theme Parks
CARTOON NETWORK, the logo, THE POWERPUFF GIRLS and all related characters and elements are trademarks of and © Cartoon Network.
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PLANET SOS © 2005 nWave Pictures.
Scout name and all related elements are trademarks of Warner Bros. © 1996. All right reserved.
SPLASHTACULAR and all related indicia are trademarks of and © Warner Village Theme Parks.
SHREK characters, names and all related indicia are ™ and © DreamWorks Animation L.L.C.
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