“Satisfaction”
If, for whatever reason you are not completely satisfied with your child’s photos, henceforth known as ‘the product’, please contact Playgroup Photos by email at amends@playgroupphotos.com.au or by phone.
1. Provision of the Services and How to Contact us.
Playgroup Photos (the “Business”) in association with Netlife Australia who provides an online means of managing and selling photographs of child care and school children in the provision of group shots, individual shots, sporting shots etc (“Services”). Once taken, photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Service.
The contact details for the Business are as follows:
Playgroup Photos
58 Vales Road
Mannering Park, NSW, 2259, Australia.
T. 0426 061 855 E. enquiry@playgroupphotos.com.au
You acknowledge that you have provided the Business with accurate and complete registration information on your account sign-up form or enquiry form and that it is your responsibility to update the Business with any changes to that information by e-mailing or telephoning the Business at the email address or telephone number provided above.
You must be at least 18 years of age to use the Services -
please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time. You must keep your account details secure at all times and if you believe that there has been a breach of security then you must notify the Business immediately. If the Business reasonably believes that your ID is being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same) then the Business hereby reserves the right to immediately suspend your access rights on giving notice to you and to block access to the Site until the issue has been resolved to the satisfaction of the Business.
The Business is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, the Business reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. Licence and limited rights to use Content
The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property”) in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Business.
3. Privacy Policy and Data Protection
The Business fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2004/5 - please see the Site for a copy of our Privacy Policy. At certain times, as a result of your interaction with the Site, the Business may hold and process personal information obtained about you for the purposes of providing you with the Services and for (inter alia) statistical purposes. By registering on the Site you consent to this collection and use of your information. The Business may also use this data to send you information about the Business’s products and/or services. If at any time you do not wish to receive such information please contact the Business at the email address provided under clause 1 above. The Business may use cookies to recognise you on subsequent visits and to optimise your viewing experience, however, such cookies do not collect any personal information about you and you can set your browser to not accept cookies if you so wish, although this may degrade your usage of the Site.
4. Warranties and Indemnity
The Business warrants that it will use all reasonable skill and care in the provision of the Service. The Business makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate backup, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
You agree not to:
(1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes. You agree to fully indemnify the Business against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.
5. Limitation of Liability
The Business shall not be liable to you whether in contract, tort (including negligence) or otherwise, for: any direct, indirect, consequential or special loss or damage; any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage even if foreseeable; or any other loss or damage in an amount exceeding $100.00 (one hundred dollars) in the 12 months preceding the date on which such liability arose. Notwithstanding the provisions of this clause the Business’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence. Please note that all photographs provided by the Business are produced to the highest standards using the best quality materials and latest processing techniques. However, over time, all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. The Business cannot therefore accept any responsibility for gradual image deterioration.
6. Consent
You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians. It is not our responsibility to ensure that each Subject has the required consent in order for their photograph or image to be used on the Site. Schools must send all parents/guardians a consent form to receive written consent or to allow them to express their objections if they do not wish the Subject to be photographed. If You are a parent or guardian of the Subject, You agree to hereby provide your consent to and confirm that the Subject’s image may be used in the provision of the Services (which may include group shots) and which may include purchase by other users of the Site. Generally, and as a user of the Site, You hereby confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift – we may, in our sole discretion ask You questions to determine Your connection to the Subject and if we are not satisfied with Your answers we can refuse to allow You to use the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we may hold on You;
b) You agree that we are under no obligation to store photographs of a Subject for any pre-determined length of time and that can archive them or destroy them whenever we consider it appropriate;
c) You agree that You have no propriety interest in any photographs and/or images generated by the Business and all intellectual property rights in the same are wholly owned by the Business and You disclaim all rights you may have in the same both for yourself and on behalf of the Subject; and
d) You agree that all photographs and/or images You purchase through provision of the Services may be used for marketing purposes by the Business from time to time. If you do not want this to occur prior written consent is provided by You to the Business.
7. Payment and Refund Policy
The prices for the Services will be as stated on the Site and will include GST and exclude delivery and taxes which will be added to the total amount charged to You. Please note that the final figure shown when you shop and pay using our secure online facility will include all taxes and shipping fees. Prices are liable to change at any time but you will not be affected if your order has already been placed and you have received such confirmation. All orders placed after the “discounted packages” date will be delivered to your school or home address (or the address provided by you). The Business does not impose “fines” but will impose a charge of $9.00 per order to cover the cost of shipping.
As the goods provided are personal to you and have no resale value we regret that we cannot cancel or provide refunds once your order has been placed in production. However, we do understand that mistakes do happen and if you consider that your order is not correct then please contact us and we will try and assist you.
Playgroup Photos will honour all refund requests made providing the following criteria is met.
1.1 The product that is to be refunded is not removed from the childcare centre before the request is made. Playgroup Photos reserves the right to refuse a full refund of the original purchase price if the photos have been removed for any reason.
1.2 The product has not been tampered with in a manner deemed unreasonable, deliberate or negligent. Where possible Playgroup Photos will ensure all care is to be taken when delivering your product to the childcare centre in its original condition however we will not be held responsible for any damage to our product by third parties after we have delivered your product to the childcare centre. If you feel your product is in any way damaged or delivered in an unsatisfactory condition please contact Playgroup Photos at amends@playgroupphotos.com.au
1.2a Playgroup Photos accepts no responsibility for Photos & Photographic Products damaged or misplaced by Australia Post or any courier/delivery service once the item(s) are transferred from Playgroup Photos to the mail carrier. Playgroup Photos takes great care & consideration when packaging up item(s) for delivery and to ensure your item(s) can safely be delivered in their original state to the intended mailing address however we cannot guarantee the condition of the item(s) after it leaves our care. If you feel your product is in any way damaged or delivered in an unsatisfactory condition please contact Playgroup Photos at amends@playgroupphotos.com.au
1.3 We reserve the right to assess any refund request made to Playgroup Photos and make a determination based on individual circumstances. We may choose to issue a refund of the original purchase price however we also reserve the right to conduct a re-shoot (the “Re-shoot”) of the child alternatively. All original images will therefore be forfeited and the replacement images shall be deemed as the product. All original Items must be returned to Playgroup Photos in exchange for the new images taken during the Re-shoot. Playgroup Photos will not accept any request to combine the images from the original photography and the “Re-shoot” photography.
1.4 Refunds will not be given for a ‘change of mind’ for any product. Please contact Playgroup Photos if you wish to be refunded for a product you have not received at amends@playgroupphotos.com.au or call Playgroup Photos by phone.
1.5 If for any reason we are unable to successfully capture your child’s images due to non-co-operation on their photo day, we will attempt to re-shoot them on their next available day of attendance at the childcare centre where possible under the provision that photography is still being conducted at the centre. In the event that we are unable to successfully capture your child’s images after repeated efforts to do so and having exhausted all opportunities to photograph your child, we will instruct the centre staff to make every reasonable attempt to contact you by the completion of shoot week to inform you of this.
1.5a If, for any reason, we are unable to successfully capture two or more siblings together and we have exhausted further attempts as described previously in clause 1.5, we will replace the sibling image with an individual image or images of the child. In the event of further non-compliance by a particular sibling, we reserve the right to include another image of their sibling in their gallery.
1.6 If the product is a Digital File a refund will not be honoured as the product will be deemed to be removed once downloaded. We reserve the right to determine any refund request based on this circumstance. If you have purchased but are yet to download the product please contact Playgroup Photos at amends@playgroupphotos.com.au to discuss.
1.7 Our Satisfaction Guarantee is offered at the discretion of Playgroup Photos.
What the Guarantee will cover:
Individual & Group portraits that are proven to be below a professional standard regarding their exposure, resolution and sharpness.
Individual & Group portraits & products received by you that you believe to be below a professional standard regarding light or dark prints etc.
An Incorrect or misspelt name in group or team photo that is determined to be the a clerical error from Playgroup Photos and not a clerical error made by childcare centre staff, team or club management or supplied by the associated parties to, and not by, Playgroup Photos.
We want you to be completely satisfied with your prints and products. In the event that you find yourself dissatisfied with your prints and/or products, we will re-print your order for free provided that:
Subject to your rights under the Australian Consumer Law, you must request a re-print of the identical affected prints and product/s within 5 business days of collecting or receiving your products.
All affected print and copy products must be returned in the same condition as they were provided to you.
And if you’re still not happy with the results, Playgroup Photos will refund your money, no questions asked provided that:
Subject to your rights under the Australian Consumer Law, a refund must be requested within 5 business days of collecting your re-printed products.
All affected print and products must be returned in the same condition as they were provided to you.
Playgroup Photos stands by the prints and products it supplies and these goods & services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to choose a refund or select a replacement for major failures with goods received.
If a failure with our prints or products (goods) or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Additionally:
This guarantee is offered in addition to your rights under the Australian Consumer Law. In the case of any conflict, your rights under the Australian Consumer Law prevail.
If your prints or products were delivered to you, we will cover the cost of re-delivering your prints or products. If you ask for a refund, we will also refund any delivery fee you paid.
This guarantee applies only to the quantity of print & products which you are dissatisfied with. This may be less than the entire order quantity.
9. Reshoot Requests
Playgroup Photos reserves the right to refuse any reshoot request made for a child during photo week. Information regarding individual allocated photo days is provided to the centre prior to Photo Week to give adequate time for families to prepare for their photo day. Should they wish to Families can also organise an alternate day during photo week with Playgroup Photos for their children's photos to be taken. Subsequently, any request made to Playgroup Photos for a reshoot solely based on an individual’s determination of inadequate clothing being available on an allocated photo day may therefore be refused.
10. Registration & Preregistration
Playgroup Photos has implanted a new online registration system for childcare centre photography in 2020. Playgroup Photos accepts no responsibility for misspelt or incorrect names supplied by the childcare centre when printing and issuing the preregistration information. If you would like to update your information with us or you believe your information is incorrect please contact Playgroup Photos at amends@playgroupphotos.com.au to discuss.
11. Notices
All notices shall be given to the Business via e-mail or by post to the Business’s address as set out under clause 1 of this Agreement, or to you at the e-mail or postal address you provide in your registration information.
12. Third Party Links
The Site may contain links to other websites and resources however the Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third-party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.
13. Termination and Renewals
The Business operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of the Business) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of the Business) to harm the reputation of the Business.
14. Dispute Resolution
Should there be a dispute between you and the Business that cannot be resolved directly within a reasonable time period then it is hereby agreed that on the written request of any party, it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Perth, Western Australia. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.
15. General
No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement. Please note that the Business does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate. Due to the nature of the Services, it may be possible that a price may be incorrectly listed on the Site due to technological or human error and you are advised that neither the Business nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same. The Business shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
Playgroup Photos is committed to maintaining and improving its policy regarding child welfare and protection. We have developed and implemented strategies to this effect and will continue to monitor and seek improvement to our overall policy. We do this to ensure the welfare and safety of children involved with Playgroup Photos is paramount. For more information on Playgroup Photos Risk Management & Child Protection Strategy please click here.
16. Terms & Conditions of Purchase
Terms and Conditions of Purchase for Playgroup Photos Prints & Products
These terms and conditions of purchase (hereinafter referred to as “Purchase Terms”) apply to all Customers as well as all their worldwide affiliates who buy prints and/or products (“Product(s)”) offered online on the Website or in an individual purchase offering by Playgroup Photos.
Unless stated otherwise hereunder, any capitalized terms shall have the same meaning as in the General Terms & Conditions.
Playgroup Photos and Customer hereinafter also referred to as “Party” or together as “Parties”
1. subject
1. These Purchase Terms are applicable to Products only. They do not govern Services or Additional Services sold by Playgroup Photos.
2. By ordering Products, Customer consents to these Purchase Terms. The Customer is solely responsible for ensuring that all information provided during the purchase process is correct and complete.
3. Playgroup Photos reserves the right to change these Purchase Terms unilaterally at any time. Customer will be notified of any changes before or during the next purchase of Products.
2. conclusion of contract
1. The purchase contract between Customer and Playgroup Photos is concluded by Customer's order and Playgroup Photos acceptance of the order. By placing an order, Customer expressly submits a binding request to conclude a purchase contract.
2. When the Customer places an order via our Website, Customer receives an automatically generated information of receipt of the order by email. This confirmation does not constitute acceptance of the offer by Playgroup Photos. Playgroup Photos reserves the right to reject the application without giving reasons. Once the order has been received, Customer will receive a confirmation e-mail within 10 days. The legally binding purchase agreement is only concluded when Playgroup Photos ships the goods.
2. Prices and Payment Conditions
1. All prices and charges must be paid by Customer in advance. Unless specified otherwise, all prices are in Australian Dollars (AU) and are inclusive of G.S.T. Any additional costs, if applicable (e.g. shipping costs, retouching of prints for cosmetic appearance) will be charged separately during the online purchase checkout process.
2. Playgroup Photos will charge the valid prices displayed on the Website at the time of the order or in an individual purchase offering; obvious errors, misprints and suchlike are expressly reserved and are not binding.
3. Playgroup Photos reserve the right to change the prices on the Website at any time without giving prior notice. Such Changes do not affect orders, which were already placed. Notwithstanding the foregoing, in cases of changes of the applicable GST rate or any other statutory charges we reserve the right to adjust the rate of GST and/or the charge unless Customer has already paid for his order in full before such a change.
4. Products are not dispatched until payment has been received in full by Playgroup Photos
3. Products
1. By ordering Products Customer acknowledges and accepts that the Products may require certain additional equipment and/or software in order to be displayed. Any of these additional requirements are not part of, and will not automatically be delivered together with, the Products.
2. The images of the Products on the Website are for information and illustrative purposes only. Although we have made every effort to provide correct and complete information, including accurate colours or dimensions of the Products, we cannot guarantee that a delivered Product accurately reflects the information and/or colour displayed on the Website. Delivered Products may vary slightly from those specifications and images.
4. Availability, Place and Time of Delivery
1. Products are available for as long as it is displayed on our Website and/or while stock lasts.
2. Unless agreed otherwise, delivery will be made to the address specified by Customer during the ordering process. Delivery will be made within 10 business days after cleared payment has been received by Playgroup Photos.
3. We are committed to providing up-to-date and precise information on availability and delivery dates on the Website. However, production and delivery shortages in particular may cause delivery delays for Playgroup Photos. All information on availability and delivery dates are estimates only. They are non-binding and may be subject to change.
4. If the delivery of the Products within a specific period is prevented due to unforeseen circumstances or any reasons outside of the control of Playgroup Photos, Playgroup Photos is entitled to withdraw from the purchase contract. Playgroup Photos will inform the Customer of such circumstances. Any damages and claims arising out of such circumstances are explicitly excluded.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides. In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Australia and be subject to the exclusive jurisdiction of the Australian courts.