Terms & Conditions
PICTURE POSTIE TERMS AND CONDITIONS
Welcome to Picture Postie. We provide customers with an easy and enjoyable way to order a vast array of personalised photo products straight from their compatible phones and have them delivered directly to their requested address.
The Picture Postie Smartphone Application and related services are provided by Picture Postie Pty Ltd (ACN 154 061 426) (in these Terms and Conditions referred to as Picture Postie, we and us). Detailed below are the Terms and Conditions between us and you pertaining to your use of our Smartphone Application, our services and any related sites. In using any of these products or services, you agree to be bound by these Terms and Conditions.
These Terms and Conditions:
1. apply to the sale and supply of all the goods or services by Picture Postie to the exclusion of all other Terms and Conditions whatsoever;
2. will be deemed incorporated in any Order placed by you;
3. will prevail over all other conditions of your Order to the extent of any inconsistency;
4. will not be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
If you do not accept these Terms and Conditions, you must refrain from using the Picture Postie Smartphone Application, our services and any related sites.
1. ORDERS AND PAYMENT
Orders to purchase goods offered for sale by Picture Postie may only be made by submitting an online order via the Picture Postie Smartphone Application. All charges are in Australian dollars (AUD) and are charged immediately upon you submitting your Order.
Picture Postie uses global PCI DSS (Payment Card Industry Data Security Standard) accredited third party providers to process your payments and does not have access to or store your payment details. Picture Postie uses the PayPal's Braintree Payment Gateway for payments via PayPal, and the Stripe Payment Gateway for payments via Credit Card including Apple Pay. When paying with PayPal, Credit Card or Apple Pay you agree to use the corresponding Braintree or Stripe Payment Gateways and you warrant that you are authorised to do so. You also authorise PayPal's Braintree or Stripe to charge the PayPal, Credit Card or Apple Pay account for all upfront charges as per these terms.
2. PRODUCTION & DELIVERY
Picture Postie will endeavour to deliver your Order within the following timeframes following Order placement. Note that delivery may vary to regional & International locations. We are located in Melbourne, Australia & use Australia Post for deliveries
Picture Postie may at times utilise approved suppliers outside of Australia which may impact delivery times. Picture Postie may deliver part orders at our discretion. Picture Postie will deliver the products as detailed in your Order to your designated address at its own risk. Once delivered to your nominated address, regardless of whether you are at the specified address at the time of delivery, the Order is deemed to have been delivered and in your possession.
3. RETURNS AND GUARANTEE
Picture Postie are confident you will be completely satisfied with our products and services, however if you find that the goods are faulty they will be fully replaced or refunded.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In order to action a refund, you must contact our Customer Service representatives via email at firstname.lastname@example.org detailing the reason for return, including any photo evidence of the fault and a copy of your online receipt. If Customer Service deems it necessary, we may require you to send the product in question to Picture Postie via registered post for further inspection at your expense, except where the goods cannot be returned, removed or transported without significant cost to you because of the size of the goods, or because of the nature of the defect.
If Picture Postie identifies that the goods are faulty, Picture Postie will provide a refund of the return postage and offer for the product to be replaced or refunded. Picture Postie will not refund or replace products that are faulty due to misuse by you. You acknowledge and agree that shipping charges are not refundable in the event that goods are returned.
You must notify Picture Postie of any claims for returns within 30 days of the purchase date. No claims can be made after this 30 day period. The benefits provided to you under this guarantee are in addition to other rights and remedies available to you at law.
4. MEMBER CONTENT
Picture Postie may allow its Members to share photos (“Member Content”) with friends and include them in competitions such Photo of the Week. You agree to ensure that any content you submit via the Picture Postie Smartphone application does not include or have a direct or indirect link with content that:
· is of violent, racist, extremist or defamatory nature;
· is of a pornographic, erotic, religious, political or other nature; or
· might be detrimental in any way whatsoever, to Picture Postie’s brands, image or reputation; or
· does not comply with any law or regulation in force or infringes third-parties rights
Picture Postie will review content and at its sole discretion can remove Member Content at any time without notice. Picture Postie does not guarantee the accuracy, quality or appropriateness of Member Content available through the site. While Picture Postie uses its best efforts to remove offensive material from the site, due to the nature of sharing content you may be exposed to content that you find offensive and you acknowledge that Picture Postie will not be liable to you for any loss suffered as a result of any content you find offensive.
In the event you provide Picture Postie with contact details of third parties (whether email, mobile phone or otherwise) for the purposes of either sharing your photos with them via the site or for Picture Postie to invite them to join or download the Picture Postie Smartphone Application and related services, you warrant that you will always have the consent of such third parties to provide Picture Postie with such contact details.
You agree that you have the consent of all people featured in each of your images to display and share that image on the Site. You agree to give Picture Postie perpetual, universal, non-exclusive, royalty-free rights to copy, display, modify, transmit, make derivative works of and distribute your Member Content.
You agree that you own your Member Content or have written permission from the copyright owner to use their content as part of the Picture Postie services. If you do not have consent from the copyright owner you fully indemnify Picture Postie from any claims for copyright violation. Any copyright violation that may occur as a result of your use of the Picture Postie services is your sole responsibility.
5. STORAGE OF IMAGES
The Picture Postie Application offers storage of your ordered images for a period of 3 years from the date of purchase. Your images will be stored on our servers so we can fulfil your order and to offer you access to past orders if you wish to reorder any images in future. Members can access past images ordered from the ‘Select Images’ screen under the ‘Orders’ tab. Members will need to log in to their Account to access their past orders and will have access to past orders when using the Picture Postie application as it becomes available across different platforms. If you would like to delete images from your Account You can email our support team at email@example.com and request for your past orders to be deleted from our servers. The properties of the stored images, including the resolution, may vary from the original. While we use our best endeavours to provide you with ongoing access to your past orders from our servers, You acknowledge that it is your responsibility to preserve and backup your images and not use this Service as your only means of backing up and accessing your photos. Picture Postie does not guarantee indefinite storage, or availability of, ordered images.
By submitting an Order, you acknowledge and agree that:
1. You have full authority to submit the Order and that you will be liable for all costs, fees, charges and other amounts which are due to Picture Postie as a result of placing the Order.
2. All information you provide to Picture Postie is true and complete to the best of your knowledge.
3. You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to Picture Postie.
4. None of the material or photos you provide to us breaches the intellectual property rights of anybody else.
5. Your Order may not be cancelled, varied or changed in any way.
6. Picture Postie may reject an Order at its absolute discretion, and if so, Picture Postie will notify you of its rejection of the Order by electronic email.
7. You indemnify Picture Postie upon demand against the full amount (including legal costs on an indemnity basis) of any costs, loss or damage suffered by Picture Postie as a result of a breach of any of these warranties or any other breach of these Terms and Conditions.
8. You will not use Picture Postie’s services in any way that breaches, or is likely to breach, any law or act in a way that infringes any person's rights, including any conduct that would require Picture Postie or any of its employees or agents to remedy any loss or damage occasioned by such activity.
9. You will not use Picture Postie’s services in a manner that defames, harasses, unlawfully offends or harms any person.
7. OUR WARRANTIES TO YOU
The only conditions and warranties which are binding on Picture Postie in respect of the state, quality or condition of the goods or services we provide under these Terms and Conditions are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010).
Picture Postie provides no warranty that its website or Application will be online at all times and it is not liable for any failure to do so. If access to the website or Application is disrupted, Picture Postie will use its best endeavours to restore access as soon as possible. Picture Postie will not be liable for any loss or damage you incur as a result of any delay in restoring such access.
Except where otherwise set out in these Terms and Conditions, Picture Postie will not be liable to you for any liability (including liability in negligence), loss or damage of whatsoever nature, consequential or otherwise, howsoever suffered or incurred by you, caused by or resulting directly or indirectly from the goods or services provided by Picture Postie.
Picture Postie’s liability to you for any breach of these Terms and Conditions, implied or otherwise (other than an implied warranty of title) is limited, at its option, to refunding the price of the goods or services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
You acknowledge that Picture Postie may rely on third parties in order to provide its goods and services (including, for example, internet service providers or printers) and Picture Postie is not liable to you for any act or omission to act by such third parties.
8. INTELLECTUAL PROPERTY
All intellectual property in the Picture Postie Application and related websites, the services provided by Picture Postie and any material produced or provided by Picture Postie (including, but not limited to, software, data, copyright, trademarks, designs or patents) will remain the property of Picture Postie at all times.
Except as expressly authorised by these Terms and Conditions or by law, you may not in any form or by any means adapt, reproduce, store, create derivative works or commercialise any information, products or services obtained from any part of the Picture Postie Application or related websites without the written permission of Picture Postie.
Any links to third party websites are provided for convenience only and may not remain current or be maintained. Picture Postie is not responsible for the content or privacy practices associated with linked websites. Links to other websites should not be construed as an endorsement, approval or recommendation by Picture Postie of the owners or operators of those websites, or of any information, graphics, materials, products or services referred to or contained on those websites, unless and to the extent stipulated to the contrary.
You authorise Picture Postie to make any inquiries reasonably required to satisfy itself of your identity, eligibility to Order or any other matter Picture Postie reasonably considers to be necessary in relation to providing its services to you or for law enforcement or regulatory purposes.
Picture Postie will endeavour to ensure that your information remains confidential. You must take all reasonable precautions to safeguard your Password and not disclose or allow the Password to be disclosed to any third party.
10. SUSPENSION OF SERVICES
Picture Postie may, at its election, suspend its services to you immediately if you breach these Terms and Conditions or, in Picture Postie’s sole discretion, your Member Content contains any of the content described in Clause 4. In such event, Picture Postie will remove all Member Content (including any links) associated with you.
These Terms and Conditions can be modified at any time by Picture Postie where it is reasonably necessary to protect the legitimate interests of Picture Postie. Picture Postie will give you notice of these changes by publishing revised Terms and Conditions on its website and via the Smartphone Application, and by requesting you to accept the revised Terms and Conditions when placing an Order after the publication of the modified Terms and Conditions. If you consider such changes are detrimental to you, you may elect to cease using the services provided by Picture Postie.
This Agreement shall include all terms implied by operation of law.
Any delay in or failure by Picture Postie to insist upon strict performance of any term, warranty or condition of these Terms and Conditions will not be deemed a waiver thereof or of any rights Picture Postie may have and no express waiver will be deemed a waiver of any subsequent breach of any term, warranty or condition.
If any provision of these Terms and Conditions is determined by any statute or any court having jurisdiction in relation thereto to be illegal, invalid, void, voidable or unenforceable the legality validity or enforceability of the remainder of these Terms and Conditions will not be affected and the illegal, invalid, void, voidable or unenforceable provision will be deemed deleted to the same extent and effect as if never incorporated in these Terms and Conditions but the remaining Terms and Conditions will continue in full force and effect.
A provision of these Terms and Conditions which can, and is intended to, operate after their termination remains effective.
These Terms and Conditions will be governed and interpreted according to the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of Victoria.