Welcome to the Australia Zoo Gallery internet service ("Service") jointly provided to you by Australia Zoo Pty Limited, ABN 94 754 510 279 of Glasshouse Mountains, Tourist Route, Beerwah, Queensland, Australia ("Australia Zoo") and FUJIFILM Australia Pty Limited, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia ("fujifilm").

These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.

Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service. By entering, browsing and using this Service, 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 Australia Zoo and FUJIFILM Australia that you will comply with the Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access this Service or use any of its services.

1. Copyright

The copyright laws of Australia and of other countries protect all of the material, including photographic images contained on this Service. You are only permitted to use these materials as indicated on this Service; copyright laws prohibit other uses.

All of the material contained on this Service, including the photographic images, may be viewed only on this Service.

Copyright in the photographic images contained on this Service is owned by Australia Zoo or affiliates of Australia Zoo. You are permitted to view the photographic images contained on this Service. You are not however permitted to copy, reproduce, retransmit, distribute, communicate to the public, publish, commercially exploit or otherwise transfer the photographic images in any format electronic or otherwise, without the express written permission of Australia Zoo.

If you wish you may order a copy or copies of any of the photographs displayed on this Service for the fee designated at this Service for purchase of a copy. Upon payment of the specified fee your chosen photograph will be professionally printed and delivered to you in accordance with your order instructions.

The purchase of a copy of a photograph does not give you any of the rights comprised in the copyright of that photograph, unless you obtain the express permission of the copyright owner.

COPYRIGHT CLAIMS
We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member's responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member's membership.

2. Intellectual Property Rights

Any trademarks, trade names or logos displayed on this Service 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 made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.

3. Altering Terms and Conditions

We reserve the right to alter these Terms and Conditions at any time without notice to you. Your use is conditional on the Terms and Conditions stated at the time of your use.

4. Disclaimer of Warranty and Limitation of Liability

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 Service and all products and services 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 to and use of the Service is at your own risk. The Service is not warranted to be error free or uninterrupted. We disclaim any warranties for the security, reliability, timeliness and performance of the Service. Neither we nor any other person involved in the creation, provision or maintenance of the Service shall be responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service.

In the event that we agree that the quality of a print ordered by you through the Service is not satisfactory we will gladly reprint the image for you or refund any monies paid by you to us.

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 Service, shall be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Service.

5. Delivery

We will ship your order within 7 days of receipt. We cannot, however, accept responsibility for delays caused by postal services, third parties or causes beyond our control. Please refer to item 4, Limitation of Liability.

6. Returns

If your order arrives damaged, please email our customer service team at info@australiazoo.com.au and quote your order number (you will receive this number after a successful transaction at this service). We'll let you know whether you need to return the item to Australia Zoo. If 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:-

Australia Zoo Pty Limited
Attn: Photo Gallery returns
Glasshouse Mountains
Tourist Route, Beerwah, QLD 4519
Australia
+ 61 (0) 7 54941134

Australia Zoo will refund your account when it receives your return.

7. Privacy

The privacy of your personal information is important to us.

Please view our privacy policies at this Service. Should you have any question or comment concerning privacy, please refer to our respective privacy policies or contact our privacy officers as follows:-

For Australia Zoo
Email: info@australiazoo.com.au - Attention Privacy Officer
Telephone: 61 7 5436 2000 - Human Resources Department.
Facsimile: 61 7 5494 8604
By mail: Attention Privacy Officer
Australia Zoo
Glasshouse Mountains
Tourist Route
Beerwah, QLD 4519
Australia

For fujifilm
Email: privacy@fujifilm.com.au
Telephone: 61 2 9466 2600 - Privacy Officer
Facsimile: 61 2 9938 1975
By mail: Attention Privacy Officer
FUJIFILM Australia Pty Limited
PO Box 57
Brookvale, NSW 2100
Australia

We may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details.

We will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services that we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information.

 

8. Data Encryption

The Service's payment pages encrypt data using Secure Sockets Layer (SSL). Netscape Communications Corporation developed SSL technology, the industry- standard method for protecting Web communications. The SSL security protocol provides data encryption, server authentication, and message integrity.

We accept Visa, Bankcard, Mastercard and American Express.

9. Indemnity

You hereby indemnify Australia Zoo and fujifilm, their directors, officers, employees, agents and contractors and hold them harmless against any losses, expenses, damages, or costs, which they suffer or incur resulting from any violation of these Terms and Conditions by you and your use of the Service.

10. General Terms

The laws of the State of New South Wales, Australia, shall govern this agreement and the parties submit to the jurisdiction of the Courts of New South Wales, Australia. These Terms and Conditions constitute the entire agreement between you and Australia Zoo and FUJIFILM Australia with respect to the use of this Service. If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us. The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision. All prices quoted are in Australian dollars, and unless otherwise indicated include GST.

11. Links and Other Sites

This Service may include links to other Internet web sites not operated by Australia Zoo or FUJIFILM Australia as a convenience to its users. We do not endorse any such web sites or the information, material, products or services contained on or accessible through the sites. Your access and use of such sites, including all information, material, products and services contained on such sites, shall be solely at your own risk.

12. Definitions

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

"we" or "us" means Australia Zoo Pty Limited and FUJIFILM Australia Pty Limited and their respective employees, agents and sub-contractors.