Too Cute Photo Co. - Terms & Conditions

Too Cute! Photo Co.- Terms & Conditions

Welcome to the Too Cute Photo Co. online photo service (“Service”). These Terms and Conditions govern the use of the Service and the purchase of any goods through it.

The Service and any goods purchased through the Service are supplied to you by Too Cute! Photo Co. (ACN 135 066 661)

When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service which are set out below. 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 and using the 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 Too Cute! Photo Co. 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. Becoming a Member

You will become a member of the Service once you have entered your name, your chosen password, your E-mail address (which must be a genuine E-mail address) and you have received from us by E-mail, confirmation of your membership. Once you are a member of the Service we will enable you to use all photo services described on this site for members. We only permit one membership for each genuine E-mail address.

A condition of membership is your active participation in the Service. Active participation requires the member to make a verified print order through the Service at least once every 365 days.

If you do not make a verified print order at least once every 365 days, we will contact you via the E-mail address which you have provided to us and give you thirty (30) days in which to make a verified print order. If you do not make a verified print order within this thirty (30) day period, we will, without further notice to you, delete your photo albums, deactivate your account and terminate your membership.

2. Your Password and Account

You are responsible for maintaining the confidentiality of your password and account details. You must notify us immediately of any breach of security or any unauthorised use of your account. You are solely responsible for the activity which occurs on your account.

If you have forgotten your password you may click the link on the home page and we will E-mail your password to you. We will keep you informed of the status of your account during your membership via your E-mail.

3. Termination of Membership

We reserve the right to terminate the membership of any member who breaches any of these Terms and Conditions, or, who fails to maintain active participation of the Service (see item 1 “Becoming a Member” and item 15 “Photo Storage”) which may include the removal or deletion of their materials. We are not responsible for any loss of data resulting from removal of or deletion of materials.

4. 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.

We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill print orders made for your images and photographs you grant to us and to any third party which fulfills print orders of your images or photographs, a perpetual worldwide non-exclusive transferable royalty-free copyright license to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.

You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.

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.

If any person makes any claim against Too Cute! Photo Co. claiming that any of the photos or images you have submitted to the Service, or any use of them infringes any copyright or other intellectual property right or moral right of any person, you must indemnify Too Cute! Photo Co. Ltd and any such service provider against all costs, claims, losses, damages, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of the claim.

5. Intellectual Property Rights

Any trademarks, trade names or logos displayed on this site 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.

6. Altering Terms and Conditions

We reserve the right to alter these Terms and Conditions at any time without notice to you. We will not be held responsible for any costs incurred by a Member as a consequence of these Terms and Conditions changing. Should we choose to provide you with notice of alterations to these Terms and Conditions, you hereby agree to receive from us E-mail notification of the alterations.

7. Materials and Content Not Permitted on this Service

You are hereby advised that any image or photograph submitted by you to the Service is subject to our review.

We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws.

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 such images are in violation of applicable laws.

Without limiting the above in any way, you are not permitted to post, upload, E-mail or transmit to the Service any image or photograph the content of 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 images or photographs are posted or uploaded from and / or viewed, and / or received, 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;
• in our opinion reflects badly on the Service.

Further, you are not permitted to use the Service:-

• to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business of us or any such third person;
• to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service 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 Service to be impaired.

8. 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 or 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 of any loss, damage or mishandling of your digital image by us, our employees, agents, sub-contractors or any other service provider to this Service even where due to negligence or other fault or if unauthorised access is gained or misuse of an image is made by any third party our liability shall be limited, at our option, to uploading to the Service, reprinting an image for you or refund of any monies 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 Service, shall be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Service.

9. Governing Law

This agreement 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.

10. Severability

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.

11. Entire Agreement

These Terms and Conditions constitute the entire agreement between us with respect to the use of the Service.

12. Waiver

The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.

13. Delivery

We will ensure that your order is shipped within 7 days of receipt. We cannot accept responsibility for Australia Post delivery or delays caused by other third parties. Please refer to item 8 Limitation of Liability.

14. Returns

If your order arrives damaged, please E-mail our customer service team by sending an E-mail to us info@toocute.com.au and quote your order number (you will receive this number after a successful transaction at this site). If you do need to make a return, simply send your order to us - in the original packaging, if possible - along with the Order Summary to the following address:-

Too Cute Photo Co.
Phone: 1300 13 12 12
Fax: +617 5586 2727
Email: info@toocute.com.au

Postal Address:
PO Box 3771
Burleigh Town, QLD 4220

We will refund your account when we receive your return.

15. Photo Storage

The Service’s photo storage facility is known as Album Storage.

The Service offers free, unlimited storage of online photos to members who maintain active participation in the Service. New members receive 365 days free storage from the date of activation of their membership. Members will maintain free storage for their albums provided that a verified print order is made by the member at least once every 365 days. From the date each verified order is received, the membership will be credited with free storage for the following 365 days i.e., the 365 days free storage period re-starts with each print order. Maximum free storage at any point in time is 365 days.

We are not responsible for any loss of data resulting from deletion of materials.

16. Definitions

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

“we” or “us” means Too Cute! Photo Co.) including, its employees, agents or sub-contractors.

All services and communications referred to in these Terms and Conditions or provided to you as part of the Service, will be provided by Too Cute! Photo Co. (ACN 135 066 661)