General Terms and Conditions
1.1 If you use www.shop.msp.com.au (this “Website”) you agree to these Terms and Conditions (“Terms”). If you do not agree to these Terms you must not use this Website or make a purchase from this Website.
1.2 MSP Photography Pty Ltd (“We” or “Us”) of 2 Ball Place, Wagga Wagga NSW 2650 carries on business from this Website.
2. Information and Content
2.1 We may change, add to or remove content from this Website at any time.
2.2 You agree to make your own enquiries to verify information on this Website and assess the suitability of the products for your purposes. We will not be liable for any errors in content on this Website or any actions you have taken in reliance on that content.
2.3 The information published on this Website is current as at the date of publication.
2.4 You agree to report any error or omission in any information on this Website to us.
2.5 If this Website contains third party advertisements or content or links to other Websites We do not warrant or guarantee the correctness of the information in that advertisement or content or endorse the other Website and We do not recommend or endorse the advertiser or supplier of the content or owner of the other Website. You rely on the advertisement or content or access the other Website at your own risk.
3. Use and Security
3.1 You agree you may only use this Website for the purposes allowed by these Terms, any applicable law and generally accepted practices.
3.2 You will not interfere with this Website, the servers or networks that host this Website or the security features of this Website.
3.3 We will report any suspected fraudulent, abusive or illegal activity.
3.4 We may restrict access to and limit use of this Website at our discretion.
3.5 Access to this Website is provided “as is” and “when available”.
3.6 All logos, trade marks, distinctive brand features, sounds and other items which may be considered to be intellectual property appearing on this Website belong to us or are licensed to us for use and you may not use them without our prior written consent.
3.7 Given the nature of the internet We 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 We do not warrant that your access to this Website will be uninterrupted or error free. Whilst We take measures to protect information We do not warrant and cannot ensure the security of any content or information you transmit via this Website. You transmit to this Website at your own risk. Once We receive your information or transmission We will take reasonable steps to preserve its security. If you become aware of any security issues with this Website you undertake to notify us immediately.
3.8 We are not responsible for any interference or damage to your computer system which arises because of your use of this Website.
5.1 These Terms are to be construed in accordance with the law of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales.
5.2 If any term or condition is found to be void, illegal or unenforceable then that term or condition will be severed from these Terms which will not affect the full force and effect of the remainder of these Terms.
5.3 A failure by us to enforce a right is not to be deemed a waiver of that right.
5.4 These Terms may be amended by Us at any time without notice and your continued use of this Website will be your agreement to be bound by the amended Terms. You agree to review the terms each time before using this Website.
5.5 We will not be liable for a delay in performing our obligations if such delay is caused by circumstances beyond our reasonable control.
Terms and Conditions of Sale
6.1 If you make a purchase from this Website you do so subject to these Terms.
7.1 You must become a member of this Website before you can make a purchase.
7.2 You will become a member when you open an account on shop.msp.com.au by providing the details We request and once We send you an email confirmation.
7.3 All notices will be sent to you by email to the email address provided by you and you consent to this.
7.4 You must not use another member’s account without permission.
7.5 You must keep your password secure at all times and you are responsible for all activity on your account. We will not be liable to you for loss, cost or damage suffered as a result of unauthorised use of your membership account unless We are at fault. You indemnify us against any loss, cost or damage suffered by us as a result of unauthorised activity on your membership account.
7.6 If you forget your password you can request a new password from us.
7.7 We can terminate your membership and disable your membership account if you breach these Terms or do not comply with our reasonable directions.
7.8 If We terminate your membership We can fulfill or cancel any order at our discretion. If We cancel the order We will refund any payment received from you for that order.
7.9 You can terminate your membership by contacting our Customer Support Team.
7.10 You must be at least 18 years of age to be a member or to make a purchase on this Website.
7.11 We reserve the right to take legal action and seek compensation from a parent or guardian of a minor who places an order over this Website and causes loss or damage to us.
8. Products and Pricing
8.1 Availability of products is subject to change and if We cannot provide a product We will advise you accordingly. We are under no obligation to provide a product to you even if that product is advertised on this Website.
8.2 Prices are shown in Australian dollars and include GST if applicable and include delivery and handling costs. Prices are subject to change.
8.3 We reserve the right to correct any errors published on this Website.
8.4 Images of products are for illustrative purposes only and may vary from the products depicted or described.
8.5 Due to different print surfaces, printing processes and other factors, the colours of the products purchased through the Website may vary compared to any images contained in school photography packs purchased from MSP Photography. The colours of the products may also be different to those displayed on your monitor due to monitor settings or other factors. You agree to accept the products unless the colours are
substantially different due to processing errors.
8.6 If We publish a saving or discount on products then that is made in reference to the recommended retail price of the manufacturer.
8.7 All payments must be made in full prior to the delivery of the product.
8.8 Payments must be made via credit card and will be subject to the terms and conditions of those providers.
8.9 Credit Card Details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst We employ the latest technology and use eWAY Secure Payment Gateway, We are not responsible for any loss, cost or damage suffered by you where a credit card or is fraudulently used or used in an unauthorised manner.
9.1 Representations of products for sale made by us via this Website do not constitute an offer to sell but an invitation to treat.
9.2 If We do not accept your order We will notify you and We will arrange for a refund of any payment made by you.
9.3 We may accept or reject any offer made by you within our discretion.
9.4 Any purchase you make over this Website is a binding contract and these Terms together with your order constitute the entire agreement between you and Us. The binding contract will not be made until all of the following have occurred:
(a) you place an electronic order for products using this Website;
(b) you confirm the order details in accordance with the procedure on this Website;
(c) you make payment in full, including any delivery charges, on this Website; and
(d) We accept your offer.
9.5 When making an offer to purchase you will be taken to have communicated your offer to purchase to Us only when:
(a) you meet all requirements outlined in these Terms and on this Website;
(b) the electronic offer is recorded in our system; and
(c) We receive full payment from you and confirmation of that payment is recorded in our system.
9.6 We will be deemed to have accepted your offer upon the earlier of us giving you a tax invoice or the delivery of the order to you.
9.7 You acknowledge that:
(a) for reasons beyond our control We may not become aware of your order or your payment;
(b) to the full extent permitted by law We are not liable to you for loss, cost or damage suffered by you as a result of us not being aware of your order or your payment for that order no matter how that failure may arise;
(c) Once We receive your order We may fulfill that order without further notice to you; and
(d) We may treat all orders placed on this Website and their payment as authentic and We are under no obligation to make any further enquiry.
10. Deliveries, Refund and Exchange
10.1 You must choose your order carefully as We do not normally offer refunds if you simply change your mind. Once you have submitted your order you cannot change or cancel it. You may however be entitled to a refund or exchange, refer to our Refund and Exchange Policy for more information.
10.2 Delayed delivery is not a basis for cancellation of an order or for compensation.
10.3 We can only accept one delivery address for online delivery. If you have multiple addresses you wish to send products to, you will need to insert a separate order for each address. Delivery addresses must be within Australia.
10.4 You can track your order on this Website or by contacting our Customer Support team and quoting your order number.
10.5 All products are sent through Australia Post or other third parties. We accept no responsibility for Australia Post or other third parties.
10.6 We will endeavour to dispatch products to you within 12 business days of you meeting our requirements for the placement of an order.
10.7 Title and risk in the products pass to you on delivery of the products to the address provided by you.
10.8 MSP Photography offers a 100% satisfaction guarantee on prints. If you are not fully satisfied with your photographs simply return them to your local franchise office within 14 days and you'll receive a full refund. Please note that this money-back guarantee does not extend to Digital Portrait downloads, so please ensure that you're completely happy with your hard-copy prints before you download your digital portrait.
11. Liability and Indemnity
11.1 To the full extent permitted by law, We exclude all liability to you or anyone else for loss, cost or damage of any kind suffered as a result of using this Website, including but not limited to:
(a) errors, mistakes or inaccuracies on this Website;
(b) information contained on this Website or a linked Website;
(c) unauthorised access to or use of this Website’s secure servers;
(d) any interruption or cessation of transmission to or from this Website; or
(e) any viruses or harmful code or transmission which may be transmitted from this Website.
11.2 You acknowledge that our liability for breach of any condition or warranty which may be implied under the Competition and Consumer Act 2010 in connection with the supply of any products by Us to you is limited to any one of the following, as determined by Us:
(a) The replacement of the product or supply of equivalent product; or
(b) The payment of the cost of replacing the product or acquiring equivalent products.
Except for any liability under this clause, or any obligation under the said Act to indemnify you, We are not be liable for any losses, claims, costs, damages or expenses (including, but not limited to, those arising through death, injury or illness caused to any person or loss of or any damage to any property, including, but not limited to your property) arising out of or in any way connected with the supply of products to you.
11.3 You indemnify Us against any loss, cost or damage suffered by Us arising from any claim or action against you where such claim or action arose out of your use of this Website.
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