Terms & Conditions

  1. About Harvey Norman PhotoCentre Online

    (a) Your purchase of goods from www.harveynormanphotos.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

    (b) The eComm Store Pty Limited ACN 145 985 815 (trading as “Harvey Norman PhotoCentre Online”) of A1 Richmond Road, Homebush West NSW 2140 (“us”, “our”, “we”, “Harvey Norman PhotoCentre Online”), carries on business from the website.

    (c) Harvey Norman PhotoCentre Online is an independent franchisee that has been granted a franchise by HN OnlineFranchisor Pty Ltd ACN 148 935 808 (“Harvey Norman”), and a limited licence by a related body corporate of Harvey Norman to trade as “Harvey Norman PhotoCentre Online” from the website.

    (d) Each enterprise carrying on business under the name or style including the words “Harvey Norman” or “Harvey Norman PhotoCentre” from a franchised store located in a Harvey Norman Complex is operated by another independent franchisee pursuant to another franchise granted by a related body corporate of Harvey Norman (“Other Harvey NormanFranchisee”).

    (e) The goods and services described in this website are available from Harvey Norman PhotoCentre Online only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to Harvey Norman PhotoCentre Online via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Harvey Norman PhotoCentre Online accepts your offer, Harvey Norman PhotoCentre Online will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.

    (f) Harvey Norman PhotoCentre Online does not make, or authorise any offer or representation where “available in store only” is specified in this website, or which is otherwise made by any Other Harvey Norman Franchisee, and does not represent that any goods or services in this website will be offered by or available from any Other Harvey NormanFranchisee at the specified price, or at all.

    (g) Goods or services specified as “available in store only” may not be on display or available from each Other Harvey NormanFranchisee, and where the goods or services are available from an Other Harvey NormanFranchisee, the price for those goods or services may vary from the price shown in this website. Please call 1300 GO HARVEY (1300 464 278) before attending any Harvey Norman Complex to enquire whether an Other Harvey Norman Franchisee has the goods or services on display or available. Each Other Harvey Norman Franchisee has a Raincheck Policy.

    (h) Each of Harvey Norman, and each related body corporate of Harvey Norman does not publish, make, or authorise any offer or representation by this website and does not represent that any goods or services in this website will be offered by or available from any Other Harvey NormanFranchisee at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Harvey Norman”.

    (i) You and Harvey Norman PhotoCentre Online may enter into a sale contract for the sale and supply of products, by you making an offer to Harvey Norman PhotoCentre Online via the website, to purchase goods at the specified price, subject to these Terms.

    (j) The “Harvey Norman” and “Harvey Norman PhotoCentre” logo and words are registered trade marks of Harvey Norman Retailing Pty Ltd and used under a limited license by Harvey Norman PhotoCentre Online and by Other Harvey Norman Franchisees.

    (k) In these terms:

    • “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
    • “Agents and Contractors” means any agents, contractors and sub-contractors of us, including FUJIFILM Australia, who are engaged in the creation, provision or maintenance of the Service or in the production of Products and the fulfillment of orders for Products made through the Service.
    • “Business Day” means any day other than a Saturday, Sunday or public holiday in the State of New South Wales, Australia.
    • “Content” means any images, photographs or other materials or content submitted or uploaded to this Service.
    • “Customer Support Team” means Harvey Norman PhotoCentre Online, c/o FUJIFILM Australia Pty Ltd, Harvey Norman PhotoCentre Online Customer Support, PO Box 57, Brookvale, NSW 2100, Australia and may be contacted on 1300 615 041.
    • “FUJIFILM Australia” means FUJIFILM Australia Pty Ltd ABN 80 000 064 433.
    • “Order” means an offer made by you in response to an invitation to treat made by Harvey Norman PhotoCentre Online via the website.
    • “Product” means any printed photo or photo gift or other product that is offered for sale and may be ordered through this Service.
    • “website” means www.harveynormanphotos.com.au.
  2. General

    (a) By registering as a member of the Service, or, accessing or using this Service, you agree to be bound by:

    (i) these Terms;

    (ii) our Refund, Return and Repairs Policy, a copy of which is available here and which is incorporated here by reference; and

    (iii) our Privacy Policy, a copy of which is available here and which is incorporated here by reference.

    (b) These documents constitute the entire agreement between us with respect to the use of this Service, the uploading and submission by you of Content to this Service, the ordering of Products by you and the production and delivery of those Products in fulfillment of those orders.

    (c) The Service consists of the following two (2) parts:

    (i) one part contains information about products, including prices and promotions, and offers made by us, which part is maintained and hosted by FUJIFILM Australia utilising materials provided to them by us or our third parties; and

    (ii) the other part allows you to place orders for product and make payment, and is maintained and hosted by FUJIFILM Australia by utilising software (“Software”) licensed to it by Whitech Pty Ltd and materials provided to them by us or our third parties.

  3. User Agreement

    (a) By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.

    (b) These Terms may be amended at any time without notice and your access to this website may be terminated in accordance with these Terms. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

  4. Guests and Registered Users

    (a) You may access and/or use the website as a guest or as a member.

    (b) To become a member of the website, 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 our Customer Support Team.

    (c) You will receive an email from us as soon as practicable after you create your membership account.

    (d) We only permit one registration per email address.

    (e) You must not use another members’ account without permission.

    (f) 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.

    (g) 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 our Customer Support Team.

    (h) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

  5. Children Not to Order Products or Submit Images

    (a) We are particularly concerned to preserve and protect the privacy of children and their personal information.

    (b) If you are under the age of 13 years, you must not apply to become a member of the Service. Please do not attempt to submit any photos or other information about yourself to us (such as your name, address, telephone number or email address) or order any Products from us.

    (c) If you are aged from 13 to 16, you should obtain permission from your parents or guardians before sending any photos or other information about yourself to us or ordering any Products.

    (d) We reserve the right to terminate your membership for breach on at least 2 days’ notice to you if you do not comply with this clause.

    (e) Harvey Norman PhotoCentre Online reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Harvey Norman PhotoCentre Online may suffer as a result of a transaction entered into by a minor.

  6. 6. Termination of Membership

    (a) We reserve the right to terminate the membership of any member by notice as stated in these Terms. We also reserve the right to terminate by notice the membership of any member who breaches any of these Terms and does not comply with our reasonable instructions to remedy the breach. We will give a member at least 2 days’ notice that we are terminating that member’s membership.

    (b) You may terminate your membership at any time by contacting our Customer Support Team at Contact Us.

    (c) If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. You are responsible for obtaining any copies of your Content before termination takes effect. We are not responsible for any loss of data resulting from removal of or deletion of Content.

    (c) If we terminate your membership we may at our discretion fulfill 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.

  7. Raincheck Policy

    (a) Harvey Norman PhotoCentre Online will offer each item of the goods and/or services described in this website (“Offer Goods”) for sale until a specified date or until sold, whichever first occurs (“Offer Period”) at not greater than the price specified in the website for that item (“Offer Price”), via the Service, subject to these Terms.

    (b) If Harvey Norman PhotoCentre Online has sold out of, or is temporarily out of stock, of any item of Offer Goods during the Offer Period, then Harvey Norman PhotoCentre Online will offer each person who requests supply of that item during the Offer Period, a raincheck, so that the person may purchase later, from Harvey Norman PhotoCentre Online, either, a product the same as that item at not greater than the Offer Price, or an alternative product with similar features with equivalent or a higher value, at a price for that item not greater than an amount equivalent to the Offer Price.

  8. Orders

    (a) 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 contact our Customer Support Team 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.

    (b) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

    (c) Representations of Products for sale made by Harvey Norman PhotoCentre Online via the website do not constitute an offer to sell but an invitation to treat.

    (d) You and Harvey Norman PhotoCentre Online may enter into a contract for the sale and supply of Products by you making an offer via the website to purchase a Product at the price advertised on the website by:

    (i) placing an electronic Order for the Products using the website;

    (ii) you confirming the Order details in accordance with the procedure on the website;

    (iii) you making payment in full (plus any applicable delivery charges) on the website; and

    (iv) the acceptance of that offer by Harvey Norman PhotoCentre Online.

    (e) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the Product(s) only when:

    (i) any requirements set out in these Terms have been met;

    (ii) the electronic instruction containing the offer from you enters and is recorded in our database;

    (iii) a record is created and stored in our database; and

    (iv) Harvey Norman PhotoCentre Online receives in its account full payment from you for the Product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

    (f) You acknowledge that:

    (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Harvey Norman PhotoCentre Online for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

    (ii) to the extent permitted by law, Harvey Norman PhotoCentre Online is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

    (iii) Harvey Norman PhotoCentre Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

    (iv) Harvey Norman PhotoCentre Online may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

    (g) You will receive an email from Harvey Norman PhotoCentre Online as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Support Team.

    (h) If your Order is not accepted by Harvey Norman PhotoCentre Online, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

    (i) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the Products on the website, or an error in your Order.

    (j) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular Product, we will notify you by telephone or email as soon as possible.

    (k) We will be deemed to have accepted your Order on fulfilment of your Order and not before. For avoidance of doubt, your receipt of the Order confirmation or tax invoice does not constitute acceptance of your Order by Harvey Norman PhotoCentre Online, and we reserve our rights to reject any Order for non-compliance with these Terms or otherwise.

  9. Price

    (a) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.

    (b) Each published saving in respect of a Product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Harvey Norman PhotoCentre Online.

    (c) Images of Products shown without any advertised price beside that image are not offered for sale.

    (d) Unless otherwise stated, any accessories shown in any image of Products are not included in the price.

    (e) We reserve the right to correct any errors published on the website.

  10. Payment

    (a) All payments must be made in full prior to delivery.

    (b) Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

  11. Supply and Delivery

    (a) Subject to you complying with these Terms and acceptance of your Order by Harvey Norman PhotoCentre Online, Harvey Norman PhotoCentre Online will sell and supply the Products to you as shown on your Order confirmation.

    (b) Products may not be available for immediate delivery. Harvey Norman PhotoCentre Online will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order.

    (c) When you complete your Order you will be prompted to select whether you wish to collect your Order from a Harvey Norman Store or to have the Order delivered to an address specified by you.

    (d) Delivery times may be greater than 10 business days for regional or remote areas.

  12. Delivery by Post or Carrier

    (a) The terms of this clause apply where you select to have your goods delivered to a specified address.

    (b) The delivery address must be an address within or outside Australia but cannot be a freight forwarding location.

    (c) On acceptance of your Order by Harvey Norman PhotoCentre Online, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.

    (d) Harvey Norman PhotoCentre Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Harvey Norman PhotoCentre Online does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

    (e) Harvey Norman PhotoCentre Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

  13. Orders for Collection at a Harvey Norman Store

    (a) The terms of this clause apply where you select to collect your Order from a Harvey Norman Store.

    (b) If you select to collect your goods from a Harvey Norman Store, a representative of the relevant Harvey Norman Store will contact you by telephone or email to notify you when the Order is available for collection.

    (c) Orders for collection at a Harvey Norman Store must be collected within 21 days of the relevant Harvey Norman Store giving you notice by telephone or by email that your Order is available for collection.

  14. Title and risk in goods

    Title and risk in the Products, such as loss and damage, pass to you on delivery or collection, as the case may be.

  15. PayPal and credit card fraud

    (a) The website employs PayPal secure payment gateway to secure our payment systems.

    (b) To the extent permitted by law, each of Harvey Norman PhotoCentre Online, Harvey Norman and its Agents and Contractors will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

  16. Disclaimer and Indemnity

    (a) To the extent permitted by law, each of Harvey Norman PhotoCentre Online, Harvey Norman, the Agents and Contractors and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

    (i) errors, mistakes or inaccuracies on the website;

    (ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

    (iii) personal injury or property damage of any kind resulting from your access or use of the website;

    (iv) any unauthorised access to or use of the websites secure servers;

    (v) any interruption or cessation of transmission to or from the website;

    (vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

    (vii) the quality or fitness for any purpose of any linked sites.

    (b) Except as expressly provided in these Terms, and to the fullest extent allowed by the law, Harvey Norman PhotoCentre Online and its Agents and Contractors will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

    (c) You will at all times indemnify, and keep indemnified, Harvey Norman PhotoCentre Online, Harvey Norman, its Agents and Contractors and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms.

    (d) Subject to clause 16(h) of these Terms, the Service and the Products are provided “as is” and no warranties are given by us except to the extent expressly set out in these Terms.

    (e) If due to negligence or other fault on our part:

    (i) loss, damage or mishandling of your digital image or other Content or the Product ordered by you occurs; or

    (ii) unauthorised access is gained or misuse is made of an image or other Content by any third party,

    (iii) our liability will be limited, at our option if our Refund, Return and Repairs Policy applies, to providing you with a remedy as set out in that policy. In all other cases, our liability will be limited at our option to:

    1. uploading that image or other Content to the Service again;
    2. using that image or other Content to produce the Product again for you (where the loss, damage or mishandling relates to the production or delivery of Products ordered by you); or
    3. refunding any money paid by you to us for producing the Product through the use of that image or other Content.

    To the extent permitted by law, this is your only remedy for any loss, damage or mishandling.

    (f) You agree to pay to us the amount of any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to solicitors costs) we incur arising from:

    (i) your breach of any term of these Terms;

    (ii) your breach of any third party right, including without limitation any copyright, property, or privacy right or privacy law; or

    (iii) any claim that any of your images or any Content submitted to the Service caused damage to a third party.

    (g) Your obligation to pay us under this clause will survive these Terms, termination of your membership, your use of the Service and the ordering, production and delivery to you of any Products.

    (h) This clause is not intended to exclude or limit any rights or remedies applying to supply of the Service or the Products which you may have under the Competition and Consumer Act 2010 (Cth) or other consumer laws applying in each State and Territory.

  17. Order Enquiries

    If you have any query about the progress of your Order please contact the Customer Support Team. Please have your Order number handy as shown on the email confirmation.

  18. Damaged or Faulty Products and our Refund, Return and Repairs Policy

    (a) If any Product ordered by you arrives damaged, is not of merchantable quality or the problem has occurred in the production of your Order, you may have:

    (i) rights under our Refund, Return and Repairs Policy; and

    (ii) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

    (iii) to have the product repaired or replaced or to receive a refund of the price paid by you for the Product.

    (b) Our Refund, Return and Repairs Policy 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 Refund, Return and Repairs Policy on this Service by here.

    (c) If your Order arrived damaged, please contact our Customer Support Team at Contact Us and quote your order number (you will receive this number after a successful transaction made through this Service). We will let you know whether you need to return the Product to us.

  19. Privacy and Personal Information

    (a) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

    (b) We and our Agents and Contractors, may collect your personal information, including your name, address, billing and delivery information, email address, and credit card details.

    (c) Your personal information is not collected if you only browse this website.

    (d) Online payments are handled by Paypal. Harvey Norman PhotoCentre Online does not store your credit card or banking details. Please check paypal.com.au websites for details of their privacy policies and security measures.

    (e) Each of Harvey Norman PhotoCentre Online, Harvey Norman, our Agents and Contractors, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Harvey Norman PhotoCentre Online and/or its Agents and Contractors may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Harvey Norman PhotoCentre Online thinks may be of interest to you. If you would prefer not to receive promotional or other material from Harvey Norman PhotoCentre Online or its third parties, please let us know and Harvey Norman PhotoCentre Online will respect your request. You also agree that Harvey Norman PhotoCentre Online may contact you by telephone to arrange delivery or collection of your Order.

    (f) You may request Harvey Norman PhotoCentre Online to remove your personal information from its database by emailing the Customer Support Team.

    (g) For further details about Harvey Norman PhotoCentre Online’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our Customer Support Team or the Privacy Officer at HNPrivacy.Officer@au.harveynorman.com.

  20. Photo Storage

    (a) The Service’s photo storage facility is known as “My Photos”.

    (b) 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 order is made at least once every 12 months by the member themselves. 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 order. The maximum period of free storage at any point in time is 12 months.

    (c) At the end of the free storage period we may by giving you not less than 2 days’ notice, remove and/or delete your Content.

    (d) We are not responsible for any loss of data resulting from removal and/or deletion of Content.

    (e) You should take appropriate steps to back-up materials submitted by you to the Service.

  21. Reproduction of Colours, Uploading of Images and Your Responsibilities

    (a) Reasonable efforts are made to display the colours of Products (including colours to be reproduced from images uploaded by you) that appear online on this Service as accurately as possible, however the colours displayed to you on this Service will depend on your monitor and the settings of your monitor.

    (b) Before confirming an order for a Product, it is your responsibility to edit any images uploaded by you for use in that Product including cropping the image to your requirements and ensuring the image meets the degree of resolution required by you or the minimum resolution recommended for that Product.

    (c) We will not be liable to compensate you, give you a refund or to reproduce any Products:

    (i) simply because the actual colours of Products provided to you or their tones differ to the colours of those Products as displayed to you on this Service (unless this is due to fault on the part of us or our Agents and Contractors and suppliers in connection with the production of those Products); or

    (ii) poor quality prints or images incorporated in Products as a result of improper cropping by you or the failure of the image uploaded by you to meet the minimum resolution recommended for that Product.

  22. Your Copyright

    (a) 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 on at least two (2) days’ notice to you if this representation and warranty is incorrect.

    (b) We claim no ownership rights in any Content you submit 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 orders for Products made using your images and photograph, you grant to us and to our Agents and Contractors, 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 any Content (including images or photographs) submitted by you to this Service in such manner as we and our Agents and Contractors consider reasonably necessary solely for the purpose of operation of the Service or incorporation of that image or photograph into that Product and fulfilling that Order.

    (c) You agree that we and our Agents and Contractors cannot control the use of your Content (including images or photographs) by third parties and will not be held liable for any use, publication or copying of your images and photographs by any such third parties. You agree that you will not take any legal action or make any claim against us or our Agents and Contractors in respect of any such use, publication or copying by third parties.

  23. Intellectual Property Rights

    (a) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Harvey Norman PhotoCentre Online, FUJIFILM Australia, Harvey Norman, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.

    (b) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Harvey Norman PhotoCentre Online makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

    (c) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our the prior written consent, or, in the case of third party material, from the owner of the copyright in that material.

    (d) You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

    (e) If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

    (f) Any intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to the website and Service, are owned by us, FUJIFILM Australia or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.

    (g) Nothing contained on the website is to be interpreted as a recommendation to use any information on the website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on the website will not infringe such intellectual property rights.

    (h) 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. You may view the website and its contents for personal and non commercial use only and subject to theCopyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the website or commercialise any information obtained from any part of the website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

    (i) Any trademarks, trade names or logos displayed on this Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.

    (j) You agree not to alter or remove any information, consent or other proprietary notice or legend on any of the Content, unless you are the owner of the intellectual property rights in that Content.

    (k) We reserve the right to terminate your membership for breach on at least 2 days’ notice to you if you breach this clause.

  24. Your Infringement of Intellectual Property Rights

    (a) We respect the intellectual property rights of others. Subject to clause 24(b), if we receive a written complaint alleging copyright infringement by a member of this Service, we may refer the complaint to the member concerned. It is the member’s responsibility to resolve any such complaint. If within seven (7) days of the date on which the matter was referred to the member (the “Referral Date”) we do not receive from the person making the complaint advice in writing that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, on at least 2 days’ notice to the member to suspend the membership of the member who allegedly infringed copyright 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 for breach on at least two (2) days’ notice to you the membership of the member who allegedly infringed copyright.

    (b) The procedures included in clause 24(a) may be adopted by us in our sole and absolute discretion and nothing in clause 24(a) limits our rights under these Terms.

    (c) If any person makes any claim against us or our Agents and Contractors, claiming that any of the Content you submit to the Service, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our Agents and Contractors against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.

  25. Website Content

    (a) Harvey Norman PhotoCentre Online or its Agents and Contractors may, at any time, add or remove content from this website without notice.

    (b) Any articles, information or content published on this website must be read subject to these Terms.

    (c) Although we use our best endeavours to confirm the accuracy of any information published on this website, you agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of Products before you purchase.

    (d) The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

    (e) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

    (f) Harvey Norman PhotoCentre Online nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Harvey Norman PhotoCentre Online liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

    (g) Harvey Norman PhotoCentre Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any other party.

  26. Your Use of the Website

    (a) You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.

    (b) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

    (c) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

    (d) Harvey Norman PhotoCentre Online may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

    (e) Harvey Norman PhotoCentre Online may in its sole discretion restrict your access to this website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Harvey Norman PhotoCentre Online will not be liable to you or any third party for doing so.

    (f) As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.

    (g) Harvey Norman PhotoCentre Online may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw this website, or change or remove website functionality at any time without notice to you.

  27. Links to Third Party Websites

    (a) This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Harvey Norman PhotoCentre Online’s control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Harvey Norman PhotoCentre Online provides these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Harvey Norman PhotoCentre Online disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

    (b) Harvey Norman PhotoCentre Online reserves the right to prevent third parties from linking to this website.

  28. Secure Data and Transmissions

    (a) Given the nature of the internet, Harvey Norman PhotoCentre Online cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Harvey Norman PhotoCentre Online does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Harvey Norman PhotoCentre Online and its Agents and Contractors take precautions to protect information, Harvey Norman PhotoCentre Online does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Harvey Norman PhotoCentre Online or its Agents and Contractors receive your transmission Harvey Norman PhotoCentre Online and its Agents and Contractors will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer Support Team immediately.

    (b) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Harvey Norman PhotoCentre Online nor its Agents and Contractors will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

  29. Materials and Content Not Permitted on this Service

    (a) Any Content submitted by you to this Service is subject to our review. While we reserve the right to review, monitor, remove or delete Content, we are under no obligation to do so.

    (b) Harvey Norman PhotoCentre Online reserves the right at our sole and absolute discretion to restrict access to this Service, refuse to display Content on this Service, remove Content from this Service or refuse to use any Content submitted by you for use in the production of a Product if we consider it necessary or appropriate, including if we receive a written complaint alleging copyright infringement or if that Content is deemed to be objectionable by us, potentially infringes any third party rights or is considered by us to be contrary to applicable laws unsuitable for use in the production of a Product. You agree to promptly report any suspicious or unauthorised use of this Service to us.

    (c) 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 any Content is in violation of applicable laws.

    (d) Without limiting the above in any way, you are not permitted to post, upload, email, publish, transmit or otherwise make available any Content which:

    (i) 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;

    (ii) is illegal under any law or regulation at any place where Content is posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;

    (iii) in the case of Products ordered through this Service, is illegal under any law or regulation at any place where those Products are to be delivered;

    (iv) is Content or material that is copyrighted or used without the express permission of the owner or which infringes the intellectual property rights of any person; or

    (v) in our opinion reflects badly on the Service.

    (e) You are not permitted to use the Service:

    (i) to engage in any activities in such a manner as to expose us and our Agents and Contractors, to liability or adversely affecting the name, reputation or business of us and our Agents and Contractors;

    (ii) 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;

    (iii) 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.

    (f) Improper use of the Service will be regarded as a serious breach of these Terms and will, at our absolute discretion, result in termination of your membership account. We reserve the right to terminate your membership for breach on at least 2 days’ notice to you if you:

    (i) submit to the Service any image or photograph that we deem to be to be objectionable or contrary to applicable laws; or

    (ii) use the Service in a manner not permitted by this clause 14.

  30. Cookies
    Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
  31. Use of Your Information and Material
    Harvey Norman PhotoCentre Online appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Harvey Norman PhotoCentre Online. Harvey Norman PhotoCentre may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
  32. Force Majeure
    We will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
  33. Governing Law
    (a) These Terms will be governed by the laws ofNew South Wales,Australiaand you submit to the jurisdiction of the Courts of New South Wales,Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
    (b) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the website complies with the laws of any country outside Australia.
  34. Severability
    If any court of competent jurisdiction finds any provision or part thereof of these Terms to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and us.
  35. Transfer and Assignment
    If Harvey Norman PhotoCentre Online merges, sells or otherwise change control of its business or this website to a third-party, Harvey Norman PhotoCentre Online reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Harvey Norman PhotoCentre Online has collected from you and any agreements it has made with you.
  36. Waiver
    The failure by Harvey Norman PhotoCentre Online to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by Harvey Norman PhotoCentre Online.

Harvey Norman PhotoCentre Online Terms Version 5.0 March 2015