Terms and Conditions (“Terms”)
Welcome to the Noel Leeming LifePrints Photo service (“Service”) provided through www.lifeprints.noelleeming.co.nz (“Web Site”)
- 1. General
Products purchased by you as a result of your use of this Service are sold to you by Noel Leeming Group Limited (“Noel Leeming”) and all services and communications referred to in these Terms or provided to you as part of the Service, are provided by Noel Leeming or our third party service provider, Fujifilm NZ Limited (“Fujifilm”)
You agree to be bound by these Terms when you register to use the Service or purchase product from the Service. If you do not wish to be bound by these Terms, then you will not be able to use the Service or purchase products from the Service.
- 2. Prices, Products and Services
Prices displayed are in NZ Currency. Prices may not include delivery charges. Prices are subject to change by Noel Leeming. We reserve the right to correct any errors or misprints and have no responsibility if Products or the Service are unavailable from www.lifeprints.noelleeming.co.nz at any time.
- 3. Membership
You will become a registered member of the Lifeprints Web Site (“Member”) once you have entered your name, chosen password, email address (which must be a genuine email address) and after you receive an email confirming your membership. Once you are a member, Fujifilm will enable you to use all of the Services described on this site for members subject to these Terms. Fujifilm only permits one membership for each email address.
- 4. Your Password and Membership Account
You are responsible for maintaining the confidentiality of your Password and account details. If you have forgotten your Password, you may click the link and we will email your Password to you. Fujifilm will keep you informed of the status of your Account during your membership via your email address. Any inappropriate use of the Account, including the sharing of membership access protocols, is prohibited and may result in your Account being terminated.
5. Termination and Deactivation of Membership
Notwithstanding the provisions of clause 4, we reserve the right to terminate and/or deactivate your membership if you breach any of these Terms or you fail to maintain active participation of the Service. You may deactivate your membership account at any time by contacting Noel Leeming Customer Care at 0800 44 44 88. You may be asked to provide further proof that you are the legitimate holder of the account prior to the request being actioned.
Neither Noel Leeming nor Fujifilm will be responsible to you or any third party for any loss you or any third party may suffer as a result of the Photos and materials being permanently removed and/or deleted or otherwise as a consequence of a Termination.
If Noel Leeming or Fujifilm considers that a breach of these Terms has occurred, they may take such action as they, in their sole discretion, deem appropriate. This may include;
- Immediate, temporary or permanent withdrawal of your right to use the Web Site or any Service;
- Issue a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as Fujifilm reasonably feels is necessary or as required by law.
Any of the terms in these Terms are capable of survival (such as liability and indemnity provisions) will survive any termination of your access.
- 6. Fees, Payment and Invoicing
You agree to pay all fees and charges incurred in connection with your order for each Service. Payment is to be made via PayPal as specified on the Web Site, or as otherwise specified from time to time. An electronic Sales order confirmation will be sent to your email address (or mailed to your postal address) by Fujifilm once you order has been captured into the Fujifilm system.
- 7. Delivery
Fujifilm will arrange for your order to be shipped within 7 days of receipt to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this Agreement. Delayed delivery is not a basis for cancellation of the order. Neither Fujifilm nor Noel Leeming is responsible for delivery delays caused by third parties.
- 8. Service
Fujifilm does not accept any amendments or changes to be made to the file of your photos or images once the file has been uploaded on the Web Site whether by you or by the Noel Leeming Store on your behalf. Therefore it is your responsibility to check proofs thoroughly before uploading anything to process for a photo book, prints or other photo products. Fujifilm is not responsible for customer generated mistakes, errors, or defects including spelling, typographical or grammatical errors, poor image quality derived from low-resolution images, order quantity or other ordering errors.
Once you have placed an order for Service via this Web Site, the order will not be treated as having been accepted until you receive confirmation from Fujifilm that this is the case. This confirmation may be made by email or post. The decision as to whether to accept any order from you is entirely at the discretion of Fujifilm or Noel Leeming. In the event that prints, photo book or a photo product are produced and then discovered to be in contravention of these Terms, Fujifilm will not despatch the product/s to you. Fujifilm may, at Fujifilm’s sole discretion, refund all or a proportion of the payment made in respect of such an order but reserves the right to charge the full price as if the relevant products had been dispatched.
- 9. Returns
If an order arrives damaged, please email Noel Leeming’s Customer Service team at email@example.com and quote your order number (you will receive this number by email after a successful transaction on the Web Site). Noel Leeming or Fujifilm will advise you if you need to return the item to Fujifilm or to the Noel Leeming store, the acceptance of the defective goods being at Fujifilm’s or Noel Leeming’s sole discretion. If you do need to make a return, simply send your order in the original packaging, along with the Order Summary, to the following address ,
Noel Leeming LifePrints
Fujifilm NZ Limited
Cnr Bush RoadandWilliam Pickering Drive
In such circumstances, Fujifilm will refund your account when it receives your return.
- 10. 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 the Service.
Noel Leeming and Fujifilm claim no ownership rights in any of the Photos or Materials you submit to the Service. By submitting them to the Service, you have granted us permission to reproduce, display, modify, adapt or alter, transmit and distribute your Photos or Materials such that we can provide the Service to you. Provided we comply with the obligations under these Terms, you will not make any claim as a result of such action.
- 11. Your infringement of Copyright
If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (“Referral Date”), we reserve the right, in our absolute discretion, to suspend your membership until such time as the complaint is resolved. If the matter remains unresolved for a period of sixty (60) days from the Referral Date, we reserve the right, in our absolute discretion, to terminate your membership.
Furthermore, you agree to indemnify us and any third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs) arising directly or indirectly out of such a claim.
- 12. Your Responsibilities
While using the Web Site, any content on the Web Site or any part of the Service, you must;
- Comply with these Terms and any other agreements which you may have with Fujifilm;
- Make sure all information which you supply Fujifilm is current, complete, accurate and provided for in a timely manner;
- Comply with all applicable laws, regulations, standards and codes in any jurisdiction;
- Not damage or disrupt the Web Site, its content or any Service;
- Not access, use or interfere with anybody else’s Service or email other communications which are not intended for you; and
- Not use the Web Site, its content or any part of the Service to;
- Infringe copyright or any other intellectual property right held by Fujifilm, any other customer, any advertiser or any other person in any jurisdiction;
- Engage in any activities in such a manner as to expose Fujifilm, Noel Leeming, or any other third person who is involved in making the Service available to you, to liability or to adversely affect the name, reputation or business of Fujifilm, Noel Leeming or any other such third person;
- Send spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
- Abuse, defame, threaten, stalk or harass others;
- Send objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
- Run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
- Introduce any viruses, worms, Trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with Fujifilm, Noel Leeming, or anyone else’s network or computer system; or use of run any software or device which may interfere with the Service which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means.
- 13. Prohibited materials and content
Whenever you make use of the Service that allows you to upload photos or images to the Web Site, you must comply with the content standards as set out in these Terms. You warrant that any such contribution does comply with those standards, and you indemnify Fujifilm in relation to any breach of that warranty. You acknowledge that any image of photograph submitted by you to the Web Site or a Service is subject to Fujifilm’s review; however, Fujifilm has no obligation to monitor or moderate content. Fujifilm reserves the right, at Fujifilm’s sole discretion, to edit, or to remove images or photographs from the Web Site or a Service deemed to be objectionable by Fujifilm or considered by Fujifilm to be contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by Fujifilm to law enforcement authorities if, in Fujifilm’s sole judgement, such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any Noel Leeming personnel to the Service, any image or photograph the content of which Fujifilm believes;
- Is offensive, inappropriate, defamatory, abusive, racist, 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;
- Advocates any illegal activity or is illegal under any law or regulation at any place where the images or photographs are posted or uploaded from, viewed from, received from, or infringes any industry code of conduct;
- Is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person;
- Violates or otherwise encroaches ion the rights of others including their right to privacy;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- In Fujifilm’s opinion, might adversely affect the reputation or business of Fujifilm, Noel Leeming or the Service.
- 14. Web Site Commitment
Fujifilm will endeavour to keep the Web Site and its contents up to date and accurate. However, it makes no representation or warranty (whether express or implied) that the content displayed on the Web Site is yup to date or accurate.
Information within the Web Site may change from time to time. While every effort will be made to ensure that the information contained on the Web Site is accurate and up to date, Fujifilm makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in the Web Site, or that it will meet your requirements or that it will be suitable for your purposes nor does Fujifilm assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in the Web Site. You should make your own inquiries and seek independent advice before acting or relying on any information or material which is made available to you pursuant to any information contained on the Web Site.
- 15. Operation of the Web Site
Fujifilm or Noel Leeming may change the format and content of the Web Site or the Service at any time. Fujifilm or Noel Leeming may terminate or suspend the operation of this Web Site (or terminate or suspend the provision of any Service) for support or maintenance work, in order to update the content or for any other reason. Fujifilm may do this at any time and without notice. You are advised to keep backups of all material provided to Fujifilm. In particular, it is up to you to keep backup copies of images loaded by you or emailed or posted to Fujifilm. Fujifilm will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
- 16. Disclaimer of Warranty and Limitation of Liability
If you use the Web Site, its content or any part of the Service for purposes other than in relation to a business, Fujifilm and Noel Leeming accepts that you may have rights under the Consumer Guarantees Act 1993. If you use the Web Site, its content or any part of the Service for business purposes, then that Act does not apply. Nothing in these terms is intended to affect any rights which you may have under such legislation which Fujifilm and Noel Leeming is unable by law to exclude or limit in accordance with these Terms.
To the extent permitted by law, the Service and all products provided by Fujifilm to you are provided ”as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability, non-infringement and fitness for a particular purpose are expressly disclaimed. You acknowledge that access to the Web Site, and use of the Service is at your own risk.
Fujifilm will endeavour to allow you access to the Web Site, however it makes no representation or warranty (whether express or implied) that the Web Site or any Service will;
- Operate on a continuous or fault free basis, or at any particular time or location;
- Be secure or private; or
- Be free of viruses or other harmful features.
Fujifilm is not responsible for;
- Any device or other equipment which is not owned or supplied by Fujifilm; or
- Any use of the Web Site or any Service which is inconsistent with the directions or instructions for use or which is contrary to these terms.
Fujifilm disclaims any warranties for the security, reliability, timeliness and performance of the Service. Fujifilm disclaims any liability in relation to the acts or omissions of any third parties in relation to any default by them in relation to the provision of or access to, the Web Site, its content or any Service.
Fujifilm and Noel Leeming (including their Officers, Employees and Agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to you or any third party for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had arising from the;
- Use, or ability to use or navigate the Web Site;
- The content of the Web Site;
- The Service, including without limitation, any interruption to the Service;
- Amendment to these Twerms for any reason, or the termination of your membership;
- Any late or non-delivery of your order;
- Unauthorised use of your photographs or images by a third party,
And based on any theory of liability, including breach of contract, breach of warranty, tory (including negligence), product liability or otherwise.
If, notwithstanding the above, a court of competent jurisdiction holds Fujifilm or Noel Leeming (or any of its officers, Employees or Agents) liable in respect of any matter arising under or incidental to these Terms, Fujifilm’s and Noel Leeming’s combined aggregate liability will be limited to, at Fujifilm and Noel Leeming’s option, the replacement of an equivalent amount of unexposed film and processing, replacement uploading to the relevant Service, reprinting an image for you or giving you a refund of any monies paid by you to Fujifilm relating to the relevant Service.
You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the Web Site or the Service. You are also liable for losses where any act or omission of yours has contributed to causing those losses.
You shall indemnify Fujifilm and Noel Leeming (Including their Officers, Employees and Agents) from and against all claims, costs (including solicitor and client costs), expenses, demands or liability, damages and losses whether arising from contract, tort (including in each case negligence) or equity or otherwise arising directly or indirectly from any content you submit on the Web Site, your use of the Web Site or any Service, your breach of any of these Terms or any obligation that you may have to us by any other person accessing the Services as your invitee, such as using your account.
- 17. Disclaimer in relation to Links to other sites or Advertisements
From time to time, links to other web sites outside of the Web Site or Advertisements for products and services from companies other than Fujifilm or Noel Leeming will be visible. The presence of these links or advertisements does not constitute a recommendation or endorsement by either Fujifilm or Noel Leeming. Fujifilm and Noel Leeming make no warranty as to the accuracy, completeness or usefulness of the information provided via the links or the products and services being promoted, nor do they assume any legal responsibility for the accuracy, completeness or usefulness of the information provided.
- 18. Governing Law
This agreement shall be governed by the laws ofNew Zealandand the parties submit to the jurisdiction of the Courts of New Zealand.
- 19. Force Majeure
A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes or other industrial failure, internet failure, riots, hostilities, revolutions, national emergencies, explosions, civil commotion, embargoes, fire, flood, earthquake, volcanic eruption or other force of nature or “Act of God”.
- 20. Severability
If any court or competent jurisdiction finds any provision or part of thereof of these Terms to be illegal, invalid or unenforceable, that provision or part thereof shall be severed from these Terms and the remaining Terms shall remain in force and constitute the Terms between Fujifilm and you with respect to use of the Web Site, its content and the Service.
- 21. Entire Agreement
These Terms constitute the entire agreement between Fujifilm and you in respect to the use of the Web Site, its content and the Service.
- 22. Waiver
The failure of Fujfilm to enforce any right or provision of these Terms will not constitute a waiver of the right or provision.
- 23. Privacy
- 24. Notices
All notices should be sent to Noel Leeming at;
Private Bag 91146
Or via email to firstname.lastname@example.org
|04/02/14 – 11/02/14||$14.99 for Std Mugs for Valentines Day
Offer valid between 04/02/14 – 11/02/14. Not in conjunction with any other promotion. Please allow approximately 5-7 working days for your order to arrive in the mail or be ready for pick up in store. When home delivery is selected, a minimum delivery charge applies; $5.99 for the mug ordered and $1.99 for each additional mug ordered. Fly Buys consist of 1 standard Point for every $25 you spend at Noel Leeming. Fly Buys shown reflect single points.
For full website terms and conditions please see lifeprints.noelleeming.co.nz
|04/02/14 – 17/02/14||50% off 8×11 and 12x16” Personalised Photbooks
Offer valid between 04/02/14 – 17/02/14. Not in conjunction with any other promotion. Please allow approximately 5-7 working days for your order to arrive in the mail or be ready for pick up in store. When home delivery is selected, a minimum delivery charge applies; $4.99 for the first photobook ordered and $1.99 for each additional photobook ordered. Fly Buys consist of 1 standard Point for every $25 you spend at Noel Leeming. Fly Buys shown reflect single points.
For full website terms and conditions please see lifeprints.noelleeming.co.nz