TERMS AND CONDITIONS

FUJICOLOR.COM.AU - KIDEO WEBPAGE

Welcome to the Kideo page on the FUJICOLOR.COM.AU website (“Webpage”) provided to you by FUJIFILM Australia Pty Ltd, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia (“FUJIFILM Australia”).  This Webpage enables you to upload an image to incorporate in a Kideo photo-personalised DVD and to order and purchase that photo-personalised DVD (“Product”).  By accessing or using this Webpage to order a Product, you agree to be bound by:

• the Terms and Conditions which are set out below; and

• FUJIFILM Australia’s Privacy Policy, a copy of which is available on this Webpageand which is incorporated here by reference.

These Terms and Conditions may be updated or changed from time to time and you should therefore check them whenever ordering Products through this Webpage.

Please read these Terms and Conditions carefully.  You must comply with these Terms and Conditions to order a Product through this Webpage.  By ordering a Product through this Webpage, you accept these Terms and Conditions and agree to be legally bound and subject to them.  Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM Australia that you will comply with the Terms and Conditions and use this Webpage to order a Product only in a manner consistent with these Terms and Conditions.  If you do not agree with these Terms and Conditions, do not order a Product through this Webpage.

• Uploading by You of Images and Photographs

You may only submit and upload to this Webpage images or photographs that you wish us to use in producing a Product that you order through the use of this Webpage.

• Children Not to Order Products 

• FUJIFILM Australia is particularly concerned to preserve and protect the privacy of children and their personal information.

• If you are under the age of 13 years, please do not attempt to order any Products from us or submit any photos or other information about yourself to us (such as your name, address, telephone number or email address).

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

• Your Copyright

• 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 this Webpage for the purpose of producing a Product.

• We claim no ownership rights in any Images submitted by you to this Webpage.  You grant to:

•  FUJIFILM Australia;  and

• FUJIFILM Australia’s contractor, K.I.D Productions Pty Ltd ABN 77 130 852 792 (“K.I.D Productions”), and any other third party contractor or agent of FUJIFILM Australia or of K.I.D Productionswho is engaged by FUJIFILM Australia or K.I.D Productions to produce or assist in the production of Product ordered by you through the Webpage and to fulfill that order,

a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, transmit, adapt or alter any Image submitted by you to this Webpage in such manner as we or that contractor or agent considers reasonably necessary solely for the purpose of incorporating that Image into that Product and fulfilling that order.

• Intellectual Property Rights

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

• You should assume that all of the content that appears on this Webpage or which is made available to you through this Webpage, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.

• Altering Terms and Conditions

• FUJIFILM Australia reserves the right to alter these Terms and Conditions at any time without notice to you.

• These Terms and Conditions will be current for as long as they may be viewed by accessing this Webpage.

• These Terms and Conditions will apply to all orders for Product placed with FUJIFILM Australia through this Webpage during the period that these Terms and Conditions remain current.

• Materials and Content Not Permitted on this Webpage

• You are hereby advised that any Image or other material or content (“Content”) submitted by you to this Webpage is subject to our review.

• We reserve the right at our sole and absolute discretion to refuse to use any Image or Content submitted by you for use in the production of a Product that is deemed to be objectionable by us or considered by us to be contrary to applicable laws or which we consider to be unsuitable for use in the production of a Product.

• 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 Image or Content is in violation of applicable laws.

• Without limiting the above in any way, you are not permitted to post, upload, email or transmit to the Webpage any Image or Content which:-

• 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;

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

• is illegal under any law or regulation at any place where the Product is to be delivered;

• is an Image or 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.

• You are not permitted to use the Webpage:-

• to engage in any activities in such a manner as to expose FUJIFILM Australia, K.I.D Productions, or any other third person who is involved in making the Webpage or the Products available to you, to liability or adversely affecting the name, reputation or business or FUJIFILM Australia, K.I.D Productions, or any such third person;

• to do any act that may damage or interfere with the Webpage or systems or cause the quality of the Webpage to be impaired;

• 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 Webpage to be impaired.

• Disclaimer of Warranty, Limitation of Liability and Indemnity

• This statement is not intended to exclude or limit any rights which you may have under the Commonwealth Trade Practices Act or equivalent State Laws.

• To the extent permitted by law, the Webpage and the Products provided by us are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.

• Your access of or use of the Webpage is at your own risk.  The Webpage, the uploading of Images to the Webpage, the transfer of those Images for use in the production of the Products and the ordering of Products by use of the Webpage is not warranted to be error free or uninterrupted.  We disclaim any warranties for the security, reliability, timeliness and performance of the Webpage and any of those other functions.  Neither we nor any other person involved in the creation, provision or maintenance of the Webpage or in the transfer of the Images for use in the production of the Products or in the production of the Products and the fulfillment of orders for the Products shall be responsible for interruption of the Webpage, linkage to any third party sites, damage to your computer, damage to other property or loss of Images or other data resulting from your access to or use of this Webpage.

• If due to negligence or other fault on our part loss, damage or mishandling of your digital Image (or the Product ordered by you)) occurs or if unauthorised access is gained or misuse of an Image is made by any third party, our liability will be limited, at our option, to:

• uploading that Image to the Webpage again;

• producing the Product again for you (using that Image); or

• refunding any money paid by you to us.

This is your exclusive remedy for any loss, damage or mishandling.

• Except as expressly provided in the immediately preceding paragraph, to the fullest extent allowed by the law, neither we, nor any other person involved in the creation, provision or maintenance of the Webpage or in the transfer of the Images for use in the production of the Products or in the production of the Products and the fulfillment of orders for the Products, will be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Webpage, the uploading of Images by you and the ordering of Products by you.

• You agree to defend, indemnify and hold harmless us and our directors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to solicitors costs) arising from:

• your violation of any term of these Terms and Conditions;

• your violation of any third party right, including without limitation any copyright, property, or privacy right; or

• any claim that any of your Images or any Content submitted to the Webpage caused damage to a third party.

This indemnity will survive these Terms and Conditions, your use of the Webpage and the ordering, production and delivery to you of any Products. 

• Governing Law

These Terms and Conditions shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.

• Severability

If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force and constitute the agreement between us.

• Entire Agreement

These Terms and Conditions constitute the entire agreement between us with respect to the use of this Webpage, the uploading and submission by you of Images and Content to this Webpage, the ordering of Products by you and the production and delivery of those Products in fulfillment of those orders.

• Waiver

The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of the right or provision.

• Delivery

We will ensure that your order is shipped within 10 Business Days of receipt. We cannot accept responsibility for Australia Post delivery or delays caused by other third parties. Please refer to item 7 (Disclaimer of Warranty, Limitation of Liability and Indemnity).

• Returns and Order Enquiries

If you have any query about the progress of your order, please telephone FUJIFILM Australia’s customer service team (at its agent, K.I.D Productions) between the hours of 9.00am to 5.00pm on any Business Day on the telephone number set out below and quote your order number (you will receive this number after a successful transaction at this Webpage).  Alternatively you may fax our customer service team to the fax number set out below or email them at Contact us (in each instance quoting your order number).

Customer Service Team Contact Details

Telephone:        1300 662 452
Fax:                  (07) 3289 3747

You should also contact our customer service team by any of the methods referred to in the previous paragraph if any Product ordered by you arrives damaged (again quoting your order number).  We'll then let you know whether you need to return the item to us.  If the Product ordered by you is delivered to you in a damaged or unusable condition and you do need to make a return, simply send your order - in the original packaging, if possible - along with the Order Summary to the following address:-

FUJICOLOR.COM.AU Customer Returns
c/- K.I.D. Productions Pty Ltd
PO Box 833
Samford Qld 4520

Following the receipt by us of a return of a damaged or unusable Product referred to above, we will either produce a replacement of the Product again for you (using the Image that you supplied or resupplied to us) or we will refund any money paid by you to us for that Product.

• Privacy 

• The privacy of your personal information is important to us.  Please view FUJIFILM Australia’s Privacy Policy - FUJIFILM Australia and Your Right to Privacy, at this Webpage.  Should you have any questions concerning privacy, please see FUJIFILM Australia’s Privacy Policy or contact the FUJIFILM Australia Privacy Officer at 02 9466 2600 or email at privacy@fujifilm.com.au.

• FUJIFILM Australia, K.I.D Productions and any other agent or contractor who assists in the production of the Products and  the fulfilment of your orders for Products made through this Webpage, may collect your personal information, including your name, address, billing and delivery information, email address, and credit card details.

• FUJIFILM Australia, K.I.D Productions and any other agent or contractor referred to above, will use this information to provide the Products requested by you, produce those Products and fulfil and follow up on your orders for Products or queries regarding orders and Products.  FUJIFILM Australia, K.I.D Productions and any other agent or contractor referred to above, may use this information to provide you with information on the Products you purchased from this Webpage.  FUJIFILM Australia may also send you promotional information and/or special offers about products and services that FUJIFILM Australia thinks may be of interest to you, unless you indicate that you do not wish to receive such promotional information.

• Definitions

In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-

“Business Day” means any day other than a Saturday, Sunday or public holiday in the State of Queensland, Australia; and

“we”, “our” or “us” means FUJIFILM Australia, K.I.D Productions and any agents or contractors of either of them who are engaged in the production of Products and the fulfillment of orders for Products made through the Webpage.