LAST UPDATED 21 OCTOBER 2016
a. These conditions of use govern your purchase of print or digital copies of editorial photographs, images, graphics, illustrations, text or other material (‘Content’) from the website www.newsphotos.com.au ('Site').
b. The Site is owned and operated by Nationwide News Pty Limited ABN 98 008 438 828 ('News').
c. In addition to these conditions of use, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site.
e. News may alter the conditions of use of the Site from time to time. Any such changes will be notified on this page and your continued use of the Site following those changes indicates your acceptance of those changes. Please look at the Last Updated date at the top of these terms and conditions to see when these terms were last revised. If the changes affect any agreement between us, you will be entitled to terminate our agreement if those changes are not acceptable to you, on reasonable grounds.
b. When you register on the Site, you must provide a password. It is your responsibility to ensure the password is kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your username and password, including any unauthorised use of your credit card except where such activities occur as a result of our act or omission which is negligent or gross misconduct.
3. ORDER AND PURCHASE OF IMAGES
a. There will be no binding contract between you and News for the purchase of any Content, until the following conditions have been met:
i. You have submitted an order to buy certain Content using the order facility provided on the Site; and
ii. News notifies you by e-mail that your order has been accepted and agrees to supply the order to you. This will not happen until, at least, your credit card payment has been approved and processed.
b. News will use reasonable endeavours to respond to a properly submitted online order within two working days of receipt of that order.
c. All prices on the Site are in Australian dollars (including GST).
d. Prices and print sizes are subject to change by News without notice, except that any such changes will not apply to any order which has been accepted and agreed by News in accordance with paragraph 3a above.
e. You acknowledge and agree to each of the following:
i. The print size you select indicates the size of the photographic paper your order will be printed on. News will scale the images proportionally to fit the print size you have selected. This may in some cases result in a white border around the image.
ii. Digital files can only be purchased in one size of 1500 pixels along the longest edge or the print size equivalent which is approximately 5” x 3”.
iii. If you purchase a digital image you may download the image for printing for personal use only and you may also post the image to your personal facebook page but not to any other social or digital media.
iv. Historical archival images and page prints may have scratches or marks and sometimes appear un-sharp. These are often present in the archival film or files used for printing and cannot be cleaned or removed.
f. All photographic print orders are delivered by standard Australia Post.
g. Canvas print orders are delivered by courier and can only be delivered to an Australian street address.
h. Refunds will not be given solely if you change your mind about the order or make an incorrect image selection. Photographic prints are printed to order and cannot be returned so please choose carefully. In other circumstances, please see the Returns Policy in clause 4 below.
ij. Newsphotos cannot be resold, published or used for any use other than personal use. All Editorial and Commercial licensing enquires for News Limited images are managed by Newspix at newspix.com.au
4. RETURNS POLICY
a. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. 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.
b. In the event that the print is damaged or faulty when delivered to you, you may be entitled to a refund or a reprint. Please return the print and full details of the order to News at Newsphotos, 2 Holt Street, Surry Hills, NSW 2010 within 14 days of receipt of the order by you. You can also call Newsphotos on (02) 9288 3000 with your enquiries in this regards.
c. Depending on the circumstances and in accordance with the ACL , if you are entitled to a refund or reprint, News will either reprint the Content and send it to you at the same delivery address or provide a full refund of the Purchase Price, together with the return postage.
d. In the event that you return any prints to News in accordance with Clause 4b, and News can demonstrate that the Content was not faulty or damaged when received by you, News reserves the right to return the print to you and to claim the cost of such return postage from you.
a. All Content displayed on the Site is protected by copyright. You are only given limited rights to use the Content you purchase, for personal use only as set out above, and you agree that you will only use the Content for these permitted purposes. You obtain no rights to reproduce or commercialise the Content in any format or on any platform, in whole or in part, except as expressly set out in these terms and conditions.
a. The logos and names used on the Site, including the names and logos of the News publications which appear on the Site and those logos of third parties, are protected by trade mark law. Nothing displayed on the Site should be construed as granting any licence or right to use any logo, masthead or trade mark displayed on the Site without the prior written permission of News or the owner of the relevant trade mark.
7. DISCLAIMER AND LIABILITY
a. News does not exclude any rights and remedies in respect of goods or services under the ACL, Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply.
b. All Content on the Site is provided on an 'as is' basis and on an ‘as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at News’ sole discretion and without notice.
c. News makes no representations or warranties in relation to the Site, or the Content on the Site. In particular, News makes no representations or warranties that:
i. The Site, or any of the Content on the Site, will be available at all times or that access to the Site will be free of delays or interruptions;
ii. The Site and the Content will be free from viruses and will not cause any equipment or software failure.
d. News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Sited. News does not warrant that functions contained in the Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.
e. News will not be liable to you or anyone else for use of the Site, including reliance on information on the Site, omissions, interruptions, delays in operation or transmissions, viruses, communications failure, internet access difficulties or malfunctions in equipment or software.
f. You indemnify News and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs, that was not directly caused by News, and which arises from your breach of these conditions of use or any law.
8. APPLICABLE LAW
a. These conditions of use and all other conditions, notices and disclaimers which appear on the Site are governed by and construed in accordance with the laws of New South Wales.