Terms and Conditions

TERMS AND CONDITIONS

NEW WAY PHOTOGRAPHY PRINT TERMS AND CONDITIONS OVERLAY

Last Updated: February 15, 2024

Welcome to New Way Photography! New Way Photography provides you with a fun, safe, and easy way to process, print, digitize, store, share and otherwise use (collectively "Process") photographs and other content offered to you on our website. Before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). Specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. We may change or update these Terms at any time in accordance, but you can always find the most recent version here. You should periodically check this page to make sure you have read the current version of these Terms.

Your use of the Services indicates your acceptance of these Terms and agreement to be bound by them. Acceptance of these Terms creates a binding contract between you and Snapfish whereby you agree to use the Services only in accordance with these Terms. If you have questions about these Terms, please contact newwayphotographyau@gmail.com. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.

Please read and carefully review these Terms, as they form a legally binding agreement between you and New Way Photography. You should pay special attention to the arbitration provision set forth below which, except and to the extent prohibited by law, requires you to arbitrate any claims you may have against New Way Photography on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

I. User Conduct

You may not use the Services to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:

• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
• Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
• Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity or privacy rights;
• Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
• Advocates illegal activity;
• Violates any law or regulation;
• Harms or advocates harm against anyone, including minors; or,
• Provides a link to material associated with any of the above.

Though New Way Photography is not required to do so, it may from time to time examine any Content submitted to the Services. Although New Way Photography does not and will not examine or otherwise review all Content submitted or transmitted to the Services, New Way Photography may delete, move, or edit Content for any reason, at any time, without notice.

All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content.

By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure.

New Way Photography in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.

II. Third Party Software

As a convenience, New Way Photography may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. New Way Photography makes no representations or warranties concerning, and is not liable or responsible for, any such software.

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III. Links to Other Sites

The Services may contain links to other websites. We are neither responsible for the availability of these external sites, nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of, or reliance on, any content, goods or services available on external websites. These websites have their own privacy and data collection practices, and we are not responsible for their privacy practices. We recommend carefully reviewing the user terms and privacy notice of these other websites prior to use.

IV. Privacy Notice

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our privacy notice.

V. Copyright & Trademark Ownership

The Services contain copyrighted material, trademarks and other proprietary information including, but not limited to, videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (individually and collectively the " New Way Photography Content"). The New Way Photography Content is subject to copyrights and other intellectual property rights owned by New Way Photography and other individuals or entities and is protected under Australian and international law.

The names, trademarks, service marks, and logos of New Way Photography belong exclusively to New Way Photography and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of New Way Photography or any third-party

VI. Your Intellectual Property Rights & License Grant

Ownership. You retain ownership of your Content and any rights granted to New Way Photography are granted as a license. Although you retain ownership of your Content, any material, tools, features, templates or layouts provided to you by New Way Photography that you use to arrange or organize your Content do not belong to you, and the rights to these materials, tools, features, templates or layouts belong to New Way Photography.

Content License. In order for New Way Photography to provide the Services to you and your “Invitees” (defined as anyone who is invited to the Services to see an album), you hereby grant to New Way Photography and its parents, affiliates, subsidiaries, agents, vendors and assigns the perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you or your Invitees; (b) showing you how your Content would appear in a product or service offered by New Way Photography or one of its agents; and (c) improving the Services (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a mug or calendar that includes one of your images, for your potential purchase. Likewise, we may send you images from various dates in your account to remind you of your past memories.

Warranty. As a condition to account creation, you represent and warrant to New Way Photography that you either own your Content or have written permission from the copyright (or other intellectual property right, such as trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.

Personal Rights. By submitting Content to New Way Photography, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the Content to New Way Photography.

The Services are protected by Australian and international copyright and intellectual property laws and by other applicable laws. You may not Process any Content owned by someone else without the express written consent of its owner. You are solely liable for any intellectual property infringement or other violations that arise or result from your use of the Services.

If you believe that your work or the work of someone else has been used in a way that constitutes copyright infringement, New Way Photography has a process in place to respond to your concerns. You can report any concerns regarding copyright infringement via email.

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VII. Order and Shipping Information

After creating your products, from your shopping cart you will be able to review/edit your products, and/or remove your products before placing your order.

Your order constitutes an obligation to pay, subject to acceptance by New Way Photography at our sole discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.

New Way Photography reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, New Way Photography will automatically issue a refund to you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. At the latest, delivery will occur within forty (40) days from acceptance of your order by New Way Photography.

Please note that New Way Photography is not able to deliver to all regions worldwide. If your desired country for delivery is not in the dropdown list of countries on the order entry page, then we do not currently deliver to that country.

All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. All prices are inclusive of value added tax (VAT) or goods and services tax (GST) at the appropriate rate, where applicable. New Way Photography reserves the right to change the prices published on the Services at any time. However, orders already submitted to us will not be affected by such changes.

Please note that merchandise may include logos or brand elements that are owned by New Way Photography. We seek to ensure that these New Way Photography brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your products, please contact us.

VIII. No Right to Withdraw Orders Once Placed

There is no right to withdraw your order once it is placed as all goods are made to your specification. However, if goods are faulty, New Way Photography will either refund the full purchase price, or reprint the product at no additional cost. You would need to email newwayphotographyau@gmail.com with images of defect and post this back to heads quarters in Melbourne Australia at your cost. Additionally, the terms under Notice of Defects apply. In no other circumstances will New Way Photography provide a refund.

IX. Notice of Defects

(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by emailing newwayphotographyau@gmail.com as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify New Way Photography within a reasonable time after the products were expected to arrive.

(2) Please specify the delivery note/invoice number when reporting defects.

(3) Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in colour between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.

(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.

X. Termination

New Way Photography may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any reason, including: (i) upon your request, (ii) conduct that violates these Terms or other policies or guidelines set forth by New Way Photography elsewhere within the Services, (iii) conduct New Way Photography believes is harmful to other New Way Photography users or the business of New Way Photography, or (iv) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account.

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XI. Modification of Terms

New Way Photography may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by New Way Photography to these Terms and given an opportunity to accept the new Terms or cease use of the Services.

XII. Entire Agreement

These Terms constitute the entire agreement between you and New Way Photography governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use New Way Photography Affiliate services, third-party Content, or third-party software.

The failure of New Way Photography to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

XIII. Contact Us

If you have any questions or concerns regarding the Services or these Terms, please contact us. 

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