PhotoServices Ltd
Last updated 10 January 2022
Introduction
In using this web site, you agree to be bound by the Terms and Conditions set out below. If you do not accept these Terms and Conditions you may not access or use this site. By using Photoservices online services you accept these terms and conditions. You are responsible for reviewing these terms of service each time you use Photoservices.
Definitions
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material. "You/Your" means you, the customer of this web site. "We/Us/Our" means Photoservices who provides this web site.
Third Party Web Sites
This website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this website links to.
Site Operator Liability and Indemnity
To the extent permitted by law:
- All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on or accessed through it; and
- We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. We will take action, within a reasonable time, to correct any error or inaccuracy that is brought to our attention. Photoservices makes no warranty that its website or services will be uninterrupted, timely, secure, or error free, or that this website or our server is free of viruses or other harmful components.
Intellectual Property
All intellectual property on this website, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this website.
Intellectual Property Rights
We retain all intellectual property rights (including copyright) to the images that we have uploaded to the Photoservices website.
Property/Risk
Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.
Liability
Subject to the provisions of this clause, to the extent permitted by law:
- All warranties, representations and guarantees (whether express, implied or statutory) are excluded;
- We will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you; and
- We limit our liability to the replacement, or replacement cost and the delivery cost, of the relevant goods at our option. If you are not acquiring goods or services from us for business purposes, you may have rights and remedies under the New Zealand Consumer Guarantees Act 1993 in which case the above exclusions and limitations will not apply to the extent these are inconsistent with your rights and remedies under that Act. If you are acquiring goods or services from us for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply. You indemnify Photoservices (including its officers, employees and agents) against any action, claim, damages, liability, costs and expenses arising out of the use of the Photoservices website or Photoservices services by you (or any other person using your account) in breach of these terms; any claim that the uploading, or posting of any images by you or on your behalf, or the processing, printing or other dealing with such images by us in accordance with these terms, is an infringement of any third party's copyright, trade mark or other intellectual property rights. .
Governing Law
These terms of trade are governed by and interpreted according to the laws of New Zealand. These terms of use and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts.
Waiver
The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
Ordering your Prints Online
You agree to provide us with accurate and complete personal information to allow us to fulfil your order. When your order is received a confirmation e-mail will be sent to your e-mail address.
Delivery of Online Orders
You can choose to have your order sent by post or courier. Our preferred option is courier as we can track the delivery. Photoservices will not be held accountable for delays caused by postal delivery systems.
Should your order not be delivered or your prints damaged in transit, please contact us within 3 days so we can track the delivery or reprint your order.
Quality Guarantee
At Photoservices, your satisfaction is our number one concern. We guarantee the quality of our prints.
Image Quality
We do our best to send you the highest quality products. However, there are situations that are beyond our control. Photoservices is not responsible for the following:
- Errors in spelling, punctuation, or accuracy in the text entered by the customer. Please preview any custom text carefully and correct any mistakes prior to placing your order. Photoservices does not and will not proof-read for (or correct) any such mistakes. Coaches/managers are responsible for accuracy and final proofing of data supplied to us.
If you are not satisfied with your order, please contact us so we can work with you to find a solution.
Business Hours
Monday to Friday 8.00am to 5.30pm. Saturday 9.00am to Noon. Deliveries arranged Monday to Friday.
Modifications to Web Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site.
Amendments to these Terms and Conditions
We reserve the right, at any time, to modify, amend or update these terms and conditions without notice.
Privacy
Your privacy is important to us. Whether you order online or by postal order form, all personal information collected will be confidential. We will not sell or pass on any of your personal information to a third party without your permission. We may us your personal contact information to contact you for any order processing queries. Please read our privacy policy.