TERMS OF SERVICE

Table of Contents


Terms of Service

Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, email address, billing and delivery information, where we will safeguard and use this information as noted. By using our service ("Service") you are deemed to have read and accepted these terms and conditions set forth, thus forms a binding legal agreement between you and ThePhotobookClub pursuant to which you agree to comply with the Terms of Service, and use this website only in a manner consistent with this Terms of Service. If you do not agree with any part of this Terms of Service, please do not access this website.

There is no requirement to create an account with us before using our service. To begin creating the ThePhotobookClub range of products, you will need to download the FREE Photobook Designer software ("Software") and follow the simple instructions for the related Photo products.


1. Acceptance of Terms

1.1 Welcome to the ThePhotobookClub Pty Limited (“PBC”) website (“Website”). PBC provides services to you subject to the following terms and conditions of use (“Terms of Use”), which may be amended by us from time to time with no notice to you. When using any PBC service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into these Terms of Use. You should visit the Website regularly to ensure that you are aware of any changes to these Terms of Use.

1.2 Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

1.3 These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

1.4 For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, and includes links to all such material.

1.5 When you create an account or make an enquiry on the Website, you must provide us with personal information such as your name, contact number and email address. We may also request additional information from you in order to answer your query. We will handle all personal information we collect in accordance with our Privacy Policy which can be found on our Website.

1.6 If you are under the age of 13 you may not use our Website, or obtain goods or services from us. If you are between the ages of 13 and 18 you must have the permission of your parent or guardian to use our Website or obtain goods or services from us.

1.7 We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached any term or condition of these Terms of Use. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

2. Accuracy of Information

2.1 All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither PBC, its related bodies corporate nor its or their directors or employees make any representation or warranty that:

(a) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(b) your access to the Website will be uninterrupted, timely or secure.

2.2 PBC will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

2.3 All prices for goods or services listed on the Website are in Australian dollars unless otherwise stated. These prices may exclude additional charges (such as taxes) and are subject to change without notice.

3. Limitation of Liability

3.1 PBC and its related bodies corporate attempt to be as accurate as possible in the description of products. However, PBC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

3.2 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by PBC of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). PBC does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

3.3 Except as provided for by the Non-excludable Rights:

(a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied;
(b) PBC and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
(c) PBC does not warrant that:
(i) the functions contained in any Content or any Communications Facility (as defined in clause 8.2) or your access to the Website will be uninterrupted or error-free;
(ii) any defects will be corrected; or
(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d) PBC does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you (and not PBC) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content; and
(f) PBC does not accept any liability in relation to any losses or damages in regards to the transport of Content to our office either electronically or in other formats sent via third party couriers. By submitting Content you understand and agree that this has been done at your sole discretion and risk and that you will be solely responsible for any loss or damage incurred. We recommend that you take all appropriate steps to protect the Content that you consider necessary to ensure that in the unlikely event that the Content is misplaced, lost or damaged, you have a backup or copy. Our recommendation of a particular method of transport, or our involvement in a third party courier service does not in any way suggest acceptance of any form of liability for any losses or damages of Content and, for the purposes of any Non-excludable Rights, does not constitute a representation that such method or third party service is fit for your particular purpose.

3.4 To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of PBC) will PBC or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that PBC does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

3.5 To the maximum extent permitted by law, PBC’ liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of PBC, to the following:

(a) in the case of services supplied or offered by PBC;
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by PBC:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(c) in the case of Content provided for scanning, at the absolute discretion of PBC, a refund may be offered, however, the customer acknowledges and agrees that any refund will be limited to the value of the agreed service and any consideration paid WILL NOT include any sentimental or similar non-financial value of the Content.

4. Indemnity

You agree to indemnify and hold harmless PBC and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

5. Copyright

5.1 This Website contains Content which is protected by copyright, trademark and other laws. Except where expressly permitted by these Terms of Use and excluding the temporary copy held in your computer’s cache memory, the Content on this Website may not be used, copied, reproduced, displayed, published, stored in a retrieval system, altered, transmitted in any form or by any means, in whole or in part (except where such use constitutes ‘fair dealing’ under the Copyright Act 1968 (Cth), for any purpose whatsoever (including, but not limited to, personal or non-commercial use), without the prior written consent of PBC or the appropriate supplier or licensor of PBC. In particular, you may not use any part of the Content on this Website to establish, maintain or provide, or assist in establishing or maintaining or providing your own publications, website or other means of distribution without the prior written consent of PBC or the appropriate supplier or licensor of PBC.

5.2 Any use of the Content on this Website pursuant to these Terms of Use must contain an acknowledgement that PBC or the appropriate supplier or licensor of PBC is the legal owner of the Content.

5.3 All software used on this Website is the property of PBC or its software suppliers and is protected by Australian and international copyright laws.

5.4 By providing Content to PBC, including but not limited to the purposes of scanning, uploading or printing, you agree that you are the rightful holder of the copyright for all the Content that you provide and are responsible for any legal dispute that arises out of any reproduction of the Content. Furthermore, you agree to release and indemnify PBC from any action whatsoever in relation to any claim for breach of copyright arising in relation to the Content that you provide.

6. Names and Logos

6.1 The PBC name and logo and the names and logos of PBC products (“PBC Names & Logos”) form a part of the established corporate brand and image of PBC and its related bodies corporate, which PBC considers to be a significant proprietary asset. Unless the prior written consent of PBC is obtained, you agree to not use any of the PBC Names & Logos in any way including, but not limited to:

(a) in, or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not PBC’;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages PBC or the information, products or services of PBC (including this Website); or
otherwise hold yourself out as being associated with, related to or connected with PBC or its business.

6.2 Other product and company names or logos mentioned or displayed on this Website from time to time may be the trademarks of other people or entities. Nothing displayed on this Website should be construed as granting any licence or right of use of any trademark displayed on this Website, without the express written permission of the relevant owner.

6.3 Any use of the PBC Names & Logos or the names and logos of other people or entities pursuant to these Terms of Use must contain an acknowledgement that PBC or the other person or entity is the legal owner of such names and logos.

7. Registration

7.1 In consideration of your use of the Website, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the "Registration Data"); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

7.2 You must provide your real name and email address when providing Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if PBC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PBC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

7.3 If you use the Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

8. Electronic Communications and Your Conduct

8.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8.2 The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to PBC, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

8.3 It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

(a) restrict or inhibit any other user from using or enjoying any Communication Facility;
(b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
(d) post or transmit any material of any kind which contains a virus or other harmful component;
(e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
(g) download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

8.4 PBC may from time to time monitor or review any content posted in its Communication Facilities. While PBC reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in PBC’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, PBC has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is PBC responsible for any Content posted in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

8.5 PBC reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

9. Contributions

9.1 PBC may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and PBC disclaims any and all liability in connection with Contributions. PBC assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. PBC is under no obligation to treat your Contribution as confidential.

9.2 PBC may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion and without prior notice to you.

10. Grant of Licence to PBC

10.1 By placing any Contributions, Content, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to PBC and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, Content, information or material:

(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

10.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of PBC and any other party authorised by PBC all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of PBC, you will execute and deliver to PBC such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

11. Security

At PBC we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:

(a) PBC will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email; and
(b) If you are making an online purchase from PBC and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'
(c) NOTE: Whilst every precaution is taken by PBC when your Content is physically in our possession, we do not accept any liability for any misuse when Content is submitted, on its way to us (either electronically or via third party courier) or when the final product leaves our possession during delivery.
Please report any suspicious activity to PBC immediately.

12. Third party links and advertising

12.1 Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of PBC or its related bodies corporate and neither PBC nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.

12.2 The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by PBC or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

12.3 If you contact a third party using functionality provided on the Website, including via email, PBC accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

13. Errors and Omissions

PBC endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, PBC reserves the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Privacy Policy

1. Overview

1.1 ThePhotobookClub Pty Limited (“PBC”) knows that you care how information about you is used and shared and is committed to protecting the privacy of our customers, candidates and other users of our website https://www.thephotobookclub.com.au (“Website”) and our goods and services.

1.2 PBC is bound by the National Privacy Principles, under the Privacy Act 1988 (Cth), and the General Data Protection Regulation (EU) 2016 / 679 (“GDPR”) (if applicable to you), which set clear standards relating to the collection, storage, use and disclosure of any personal information we obtain as a result of our business operations. PBC has implemented stringent security measures and procedures to ensure compliance with the National Privacy Principles and to keep any personal information you provide secure.

1.3 Where you provide PBC with your personal information, whether in person, via the Website, by email or any other form of correspondence, PBC will endeavour to ensure that such information remains private and is only used in accordance with this policy. By providing PBC with your personal information, you consent to PBC collecting, holding, using and disclosing your personal information in accordance with this policy.

2. Collection of Personal Information

2.1 Personal information is provided to PBC in many different ways. Most personal information is provided to PBC through customers registering for an account with PBC or updating their details.

2.2 Personal information is also collected when goods or services are requested from PBC, when goods or services are provided to PBC, when a customer completes a survey, questionnaire or competition application form, when customers participate in forums where PBC goods or services are discussed and when customers communicate with PBC employees in person, by telephone, email or any other form of correspondence (e.g. if a customer contacts customer service or provides any feedback regarding PBC goods or services).

2.3 Generally, you are not obligated to provide any information requested by PBC. However, if you choose to withhold information, PBC may not be able to provide you with any goods or services that depend on the collection of this information (particularly where collection of this information is required by law).

2.4 If you have applied for employment with PBC, PBC may collect your personal information including, but not limited to, your name, contact details, qualifications, work history, your right to work in a particular country, languages spoken, professional memberships, accreditations, your work objectives and any other information included in your application or resume. If you are to be considered for employment, we may also collect references from your nominated referees.

2.5 In respect of the Website, information may also be automatically collected through the use of a ‘cookie’ to assign your web browser with a ‘User ID’. Cookies contain information which enables PBC to identify your computer to PBC’ servers (“Cookies”). Cookies are used on the Website to remember your login details, to track web traffic on an aggregate basis and to keep session information to assist your use of the Website, such as your last search (however this information is disposed of every time you close your web browser). PBC may use the information contained in Cookies to make assumptions about you and to provide you with focused advertising that PBC believes may be of interest to you. In some cases, a particular web page might contain more than one Cookie in which case the information gathered from these Cookies are used to build statistical and demographical information which does not identify you personally to advertisers or third parties. You may configure your browser so that you are notified before a Cookie is downloaded or so that your browser does not accept Cookies. However, Cookies allow you to take full advantage of the Website and we recommend that you leave them turned on.

3. Use and Disclosure of Personal Information

3.1 PBC may use information collected from you to:

(a) provide you with goods or services you have requested;
(b) personalise and customise your experience on the Website, including saving shopping cart information;
(c) help PBC manage and enhance the services it provides to you;
(d) communicate with you in order to maintain our business relationship with you or respond to any queries you may have;
(e) enable you to apply for a specific employee position with PBC or submit your resume generally;
(f) provide you with ongoing information about employment with PBC which PBC believes you may be interested in; and
(g) give you the opportunity, if you have specifically consented, from time to time, to receive information about PBC news, events, promotions, competitions or offerings in respect of PBC goods and services such as emails or ‘e-newsletters’. You will of course be able to unsubscribe from such communications at any time.

3.2 PBC understands that information about its customers is an important part of PBC’ business and is not in the business of selling customers’ information to third parties. However, PBC may disclose your personal information to:

(a) third parties which PBC has engaged to perform functions on its behalf, such as processing credit card information, order fulfillment, mailouts, shipping, debt collection, marketing, research and advertising or third parties which we have retained in order to provide services that you have requested such as psychometric evaluations or skills tests if you are applying for employment with PBC. These third parties must comply with similar undertakings of privacy and confidentiality as PBC;
(b) another business if PBC merges with or is acquired by another business. In this event, PBC may share your personal information with the new owners of the business and their advisers but you will of course be notified of such an event;
(c) regulatory or law enforcement authorities if PBC is required to do so; and
(d) any third parties authorised by you to receive personal information held by PBC.

4. Access to Personal information

4.1 PBC account holders can access or update the account information which PBC holds about them at any time by logging into the Website.

4.2 You may also request access to or update the personal information which PBC holds about you by contacting PBC’s privacy officer at the contact details set out below. However, there are some exceptions to this right in the Privacy Act 1988 (Cth).

4.3 PBC may require you to verify your identity and provide further information about your request. Where PBC is legally permitted to do so, PBC may refuse your request for access to your personal information and PBC will provide reasons for doing so.

4.4 Where you request your personal information to be updated and there is a dispute about the facts, PBC will make a note on your personal information of such dispute.

4.5 If you request that PBC stop using your information and stop contacting you, PBC will comply with that request.

4.6 PBC reserves the right to charge an administrative fee for processing any requests to access and update your personal information.

5. Security

5.1 PBC protects the personal information which PBC holds from misuse, loss or unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and encryption of credit card transactions. PBC also uses software which encrypts information you input.

5.2 While PBC takes all reasonable steps to keep your personal information secure, accurate and current, the internet is not always a secure method of transmitting personal information. Accordingly, PBC can not accept responsibility for the security of information you send to us or receive from us over the internet or for any unauthorised access or use of that information.

5.3 Where we have links on the Website to the websites of third parties, we can not ensure your privacy will be protected on such websites in accordance with this policy. You should consult the privacy policies of such websites as PBC has no control over them and PBC is not responsible for any information which is submitted to or collected from these third parties.

6. Overseas disclosure of personal information

6.1 PBC is based in Australia so the majority of our service providers are Australian based. However, we may from time to time collaborate with overseas partners. We only ever disclose your personal information outside the jurisdiction it was collected where we are permitted to do so under applicable privacy laws. This means that we have taken all necessary steps to keep your information safe as per the relevant privacy regulations.

7. Privacy of Children and Minors

7.1 PBC does not intend for anyone under the age of 13 (“Children”) to use our Website, or obtain goods or services from us. PBC does not intend for anyone between the ages of 13 and 18 (“Minors”) to use our Website or obtain goods or services from us without the permission of their parent or guardian.

7.2 PBC does not knowingly collect personal information from Children or, in the case of Minors, without the consent of their parent or guardian. If you are a parent or guardian and you are aware that your Child or Minor has provided us with personal information, please contact us. If we become aware that we have collected personal information from Children or Minors without verification of parental consent, we will take steps to remove that information from our servers.

8. Residents in the European Economic Area

8.1 If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights under the GDPR. The same privacy policy also pertains to residents of the European Economic Area in compliance with the GDPR.

8.2 If you are a resident of the EEA you are protected by specific regulations set out in the GDPR which includes the following:

(a) You have the right to access your personal information at any time and enquire to exactly what information we are holding about you.
(b) You have the right to rectify or change your personal information at any time.
(c) You have the right to request deletion of your personal data at any time unless we are required to hold your data for legal or regulatory reasons.
(d) You also have the right to restrict whatever personal information we hold on you.
(e) You have the right to request the transfer of your data to a relevant third party.
(f) You have the right to object to your personal information being used in a way that you do not like and request that we stop doing so. We will fulfil your request unless there is a legal or regulatory reason not to.
(g) You have the right to make a privacy complaint if you feel we are misusing your data. We will respond in the same way as we will for residents of any other country as set out in this privacy policy.

8.3 For more information, please contact your local data protection authority in the EEA.

9. Changes to this Privacy Policy

PBC may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.

10. Contacting the Privacy Officer

If you have any enquiries regarding this privacy policy or wish to provide feedback, please contact PBC’ privacy officer at:

ThePhotobookClub Pty Limited
43 Lakeside Avenue
Reservoir, 3073
AUSTRALIA

Supply Policy

1. Terms & Conditions

1.1 These Terms & Conditions, together with the Website Terms and the Privacy Policy, govern the use of the Website and the Software. By continuing to use the Website and the Software, you agree to be bound by these Terms & Conditions, the Website Terms and the Privacy Policy.

1.2 PBC reserves the right to amend these Terms & Conditions from time to time. You should visit the Website regularly to ensure that you are aware of any changes to these Terms & Conditions.

1.3 All Orders are accepted and handled by PBC in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with PBC.

1.4 If you do not agree to these Terms & Conditions, please do not use the Website or the Software.

1.5 If you are under the age of 13 you may not use the Website or the Software or obtain goods or services from us. If you are between the ages of 13 and 18 you must have the permission of your parent or guardian to use the Website or the Software or obtain goods or services from us.

2. Definitions and Interpretation

In these Terms & Conditions, the following definitions and interpretations apply

2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.

2.2 Headings are for reference only and shall not affect the construction of these Terms & Conditions.

2.3 A reference to a party if more than one is to them jointly and severally.

2.4 Any reference to a statute ordinance code or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements.

2.5 Any reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal entity.

2.6 A reference to “we”, “us” or “our” is a reference to PBC.

2.7 A reference to “you” or “your” is a reference to the person who is taken to agree to these Terms & Conditions pursuant to clause 1.

2.8 The following words shall have meaning given to them: “Consumer Legislation” means the Competition and Consumer Act 2010 (Cth) and any other consumer legislation in force from time to time.
“Content” has the meaning given to this term in clause 4.
“Discount Codes” has the meaning given to this term in clause 8.
“Estimated Delivery Time” means the estimated time for delivery notified to you on the Website when you submitted your Order which, in the case of delivery to an Australian address, will not normally exceed 21 days from the date we have received both your Content and your payment for your Order. For deliveries outside Australia, please allow an additional 7-14 days.
“Gift Voucher” has the meaning given to this term in clause 7.
“Gift Voucher Extensions” has the meaning given to this term in clause 7.7.
“Goods” means any goods, items or products which are available for purchase via the Website including, but not limited to, photo books.
“Intellectual Property” includes:

(a) patents, copyright, registered and unregistered design rights, registered and unregistered trademarks, trade secrets, secret or confidential operations and processes, rights in know-how and confidential information and all other intellectual and industrial property rights (without limitation) resulting from intellectual activity;
(b) all similar or analogous rights existing under the laws of any country; and
(c) all rights to apply for or register such rights.
“Order” means an order submitted by you for Goods from the Website in accordance with clause 5.
“Privacy Policy” means PBC’ privacy policy, a copy of which is available from the Website.
“Related Body Corporate” shall have the same meaning as set out in Section 50 of the Corporations Act 2001 (Cth).
“Software” means the ‘Photobook Designer’ software which is licensed to PBC and is available for download from the Website in accordance with these Terms & Conditions and includes all designs and templates which are contained within such software and any updates to such software.
“Website” means PBC’ website https://www.thephotobookclub.com.au.
“Website Terms” means PBC’ terms and conditions for the use of the Website, a copy of which is available from the Website.

3. Software

3.1 Subject to the terms of this clause 3, PBC grants you a royalty-free, limited and non-exclusive licence, with no rights of sub-licence, to install and use the Software exclusively for the purpose of enabling you to create and design unique Goods to be professionally manufactured by PBC.

3.2 In order to activate the Software, you will be required to provide your name and contact details. If you decide to make a purchase using the Software, you will also be required to provide your billing and delivery information.

3.3 You acknowledge and agree that you must not:

(a) use the Software for any fraudulent or illegal purpose;
(b) use the Software for any purposes other than ordering Goods for your own personal use;
(c) reproduce, duplicate, copy sell, resell or otherwise exploit any Goods produced by PBC without the express written consent of PBC;
(d) reproduce, reverse engineer, decompile or disassemble the Software or otherwise attempt to determine the source code for the Software or determine any other information about the data structure for the Software;
(e) copy, distribute, rent, lease, sell or assign the Software without the express prior written consent of PBC;
(f) copy the design, layout, look, appearance or graphics which appear in the Software or the Website without the express prior written consent of PBC;
(g) publish any performance or benchmark tests or analysis in relation to the Software or the use thereof; or
(h) amend or change the Software or remove any copyright or proprietary notices in relation to the Software.

3.4 From time to time, PBC will release new versions of the Software or make updates to the Software available on the Website. It is recommended that you visit the Website regularly to check if a new version of the Software or an update to the Software is available. To avoid any technical issues with submitting your Order, you should ensure that you are using the latest version of the Software being supported by PBC.

3.5 In the event that PBC determines, in its absolute discretion, that you have breached these Terms & Conditions, PBC reserves the right to terminate your use of the Software and may refuse to accept any further Orders from you.

3.6 Without limiting clause 15, PBC and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, but not limited to, consequential or economic loss or loss of profits) arising directly from your use of your Content in connection with the Software or the Website.

4. Content

4.1 You are solely responsible for all of the content which you provide to PBC when you submit an Order using the Software or Website (Content) including, but not limited to:

(a) all photographic images;
(b) all text;
(c) all illustrations and drawings; and
(d) all designs.

4.2 Any Order submitted by you must not include Content which:

(a) is offensive, obscene, pornographic, indecent, defamatory, abusive, deceptive, threatening, advocates illegal activity, harms anyone, invades privacy, promotes racism, hatred or bigotry or is unlawful in any way;
(b) includes naked images of adults or children;
(c) infringes upon the Intellectual Property of any other person;
(d) contains any viruses, worms, corrupt files, ‘Trojan Horses’ or other harmful components which may damage or alter PBC’ computer systems or data; or
(e) provides a link to any of the above.

4.3 You acknowledge and agree that by submitting your Order, you grant a licence to PBC in respect of any of your Content included in your Order. This licence is granted solely to enable PBC to fulfill your Order and enables PBC to publish, copy or customise your Content in accordance with your Order. However, if you believe that your Content has been copied or used in a way that is in breach of this licence or in a way which and infringes upon your Intellectual Property, please inform PBC immediately and PBC will investigate and take all appropriate actions to remedy the infringement.

4.4 PBC is not obligated to review any Content which it receives and does not accept any responsibility for doing so. You agree to alert PBC if your Order contains any Content which may be personal or sensitive including, but not limited to, nudity, and you may request that PBC make special arrangements in respect of your Order. However, PBC reserves the right to delete and refuse to print any Content which PBC discovers and which PBC believes, in its sole discretion, is in breach of this clause 4 or is otherwise unacceptable.

4.5 PBC, in its sole discretion, may retain copies of your Content for the purpose of facilitating possible further requests by you for further Orders using Content previously provided by you. However, PBC does not guarantee that such copies will be retained for a specific period of time, or at all, in respect of every Order it receives. It is your responsibility to retain copies of all of your own Content for use in submitting further Orders.

4.6 This clause 4 applies to any Content provided for our scanning service whereby Content is supplied via third party courier.

5. Orders

5.1 Subject to clause 5.4, PBC provides a number of resources, accessible via the Website, which may assist you with the design of your Goods including, but not limited to, ‘Software wizards’, knowledge base articles, email and telephone support. However, you acknowledge and agree that due to the automated processes used by PBC in the manufacture of Goods:

(a) upon receipt of your payment, your Order will be treated as a final submission and the manufacture of your Goods will commence immediately;
(b) PBC is not responsible for what is included within your Content or errors in the compilation or design of your Goods which have made been by you, such as spelling mistakes; and
(c) PBC is not responsible for the quality of the Content selected by you including, but not limited to, poor image quality caused by low-resolution images submitted by you.

5.2 Subject to clause 5.4, by submitting an Order, you are confirming that PBC may immediately commence manufacturing the Goods and you warrant that:

(a) you have checked your Order;
(b) the quality of the images selected by you and the design of your Goods meets your requirements; and
(c) your Content complies with the terms of these Terms & Conditions, particularly clause 4.

5.3 Subject to clause 5.4, PBC will not accept any amendments to an Order once it has been submitted by you and your payment has been received. If PBC decides, pursuant to clause 4.4, not to fulfill your Order due to the nature of your Content, you will need to resubmit your Order without the offending Content.

5.4 Once you have submitted and paid for an Order and delivery is in progress, your Order cannot be cancelled. However, your Order may be cancelled if delivery of the Order has not commenced yet, provided that you have:

(a) contacted PBC via the contact details listed on the Website to request that your Order be cancelled and explain the reason for the cancellation; and
(b) paid PBC’ cancellation fee, as listed on the Website and subject to change from time to time, in respect of the expenses incurred by PBC in connection with granting your request to cease manufacture of your Goods.

You will also need to contact PBC to arrange the reactivation of any Gift Voucher and Gift Voucher Extensions which were used when paying for your cancelled Order.

5.5 Upon submission of your Order, you are responsible for providing any Order files for production which must be provided within three months of receipt of the Order. Failure to do so will result in:

(a) automatic cancellation of the Order;
(b) forfeiture of any voucher used to submit the Order; and/or
(c) forfeiture of any payment made to process the Order.

6. Payment

6.1 You acknowledge and agree that PBC will not commence manufacturing the Goods until PBC receives full payment for your Order, together with all applicable delivery charges, in accordance with the prices listed on the Website, which are subject to change from time to time.

6.2 All prices listed on the Website are in Australian dollars.

6.3 You agree to pay any other fees or charges which may be incurred in relation to the delivery of your Order which may include, but are not limited to, duty imports, value-added taxes or customs clearance charges.

6.4 Payment for Orders and all applicable delivery charges must be made by online credit card transaction and/or by redemption of Gift Vouchers in accordance with clause 7. All personal credit card information provided to PBC is encoded.

6.5 PBC will email you an electronic Order confirmation to your nominated email address once your Order has been captured in PBC’ system and your payment has been processed.

7. Gift Vouchers

7.1 PBC may, from time to time, sell vouchers in respect of particular Goods which may then be used in payment for Orders in respect of such Goods (Gift Vouchers).

7.2 Gift Vouchers may only be used to pay for:

(a) Orders for the particular Goods specified on the Gift Voucher; or
(b) Orders for Goods of a lesser value than the particular Goods specified on the Gift Voucher;
whichever is applicable.

7.3 Gift Vouchers may not be refunded or redeemed for cash under any circumstances. If you choose not to purchase the Goods specified on the Gift Voucher when submitting your Order, you are advised to select Goods which have a value that corresponds as closely as possible to the value of the Goods specified on your Gift Voucher.

7.4 Gift Vouchers will be delivered to you either via e-mail or post, at PBC’ absolute discretion. You are solely responsible for the security of Gift Vouchers delivered to you. PBC has no obligation to replace your Gift Voucher if it is lost or stolen.

7.5 In order to apply a Gift Voucher towards payment for an Order via the Website, you must ensure that you enter the unique code which appears on the Gift Voucher at the time of submitting and paying for your Order via the Website. Gift Vouchers can not be applied towards payment for an Order after the Order has already been submitted by you. Failure to apply a Gift Voucher towards payment for an order will result in paying the full retail price for the order. Any orders placed and paid at full retail price will not be refunded.

7.6 Subject to clause 7.7, Gift Vouchers may not be used after the expiry date or time stated on the Gift Voucher.

7.7 PBC may, from time to time, sell extensions for Gift Vouchers (Gift Voucher Extensions) which enable Gift Vouchers to be used after the expiry date or time stated on the Gift Voucher, subject to the following conditions:

(a) Gift Voucher Extensions are sold in monthly increments and the minimum Gift Voucher Extension which can be purchased is for 1 month;
(b) Subject to (c) of this clause, Gift Voucher Extensions can be purchased and applied after the expiry of a Gift Voucher;
(c) Gift Voucher Extensions apply from the expiry date or time stated on the Gift Voucher or from the expiry of the most recently used Gift Voucher Extension, whichever is later. For example, if a Gift Voucher was due to expire on 30 April but a Gift Voucher Extension for 2 months was then purchased and applied, the next Gift Voucher Extension purchased and applied would take effect from 30 June; and
(d) the prices for Gift Voucher Extensions are listed on the Website on a per month basis and these prices are subject to change from time to time. The prices for Gift Voucher Extensions depend on the value of the original Gift Voucher being extended.

7.8 In purchasing or using your Gift Voucher, you acknowledge that all Gift Vouchers are subject to the following further conditions:

(a) Gift Vouchers are issued in respect of specific Goods and only one Gift Voucher may be applied towards the payment for an Order in respect of the Goods specified on the Gift Voucher;
(b) Gift Vouchers may not be used in conjunction with Discount Codes and may not be purchased with the use of Discount Codes;
(c) Gift Vouchers may be applied towards the cost of delivering an Order to you, provided such delivery is to an Australian address using standard Australia Post delivery. Gift Vouchers may not be applied towards the cost of delivery to an international address or other forms of delivery;
(d) if your Order includes additional charges which are not included within the value of your Gift Voucher including, but not limited to, accessories, upgrade charges, express production charges or delivery charges, these charges will be charged to you at the current prices listed on the Website; and
(e) PBC reserves the right to refuse to honour a Gift Voucher if PBC reasonably believes that the Gift Voucher has been obtained fraudulently. In this situation, PBC will require an alternative method of payment to be used.

7.9 PBC may from time to time offer free gift vouchers for first time users signing up or for customer's birthdays. A first time user is a customer who has not previously signed up for an account, placed an order or made a purchase. These free gift vouchers are strictly one per customer. At no point may you apply for or redeem multiple free vouchers using different email addresses. PBC reserves the right to cancel free vouchers at its discretion, if the free vouchers have been obtained fraudulently.

8. Discount Codes

8.1 PBC may, from time to time, conduct various forms of marketing or promotion whereby PBC will offer or provide discount codes that offer a specific discount which may be used when paying for an Order (Discount Codes). Discount Codes may be delivered to you or advertised publicly including, but not limited to, on the Website.

8.2 Discount Codes may be used when paying for any Order unless the Discount Code specifically states that it may only be used in respect of Orders for specific Goods in which case the Discount Codes may not be used to pay for any other Goods.

8.3 Discount Codes may, if applicable, be delivered to you either via e-mail or post, at PBC’ absolute discretion. You are solely responsible for the security of Discount Codes delivered to you. PBC has no obligation to re-issue or re-publish any Discount Code which PBC has previously issued or published.

8.4 Discount Codes may not be used after the expiry date or time stated on the Discount Code or advertised with the marketing or promotion in which the Discount Code was made available.

8.5 In order to apply a Discount Code towards payment for an Order via the Website, you must ensure that you enter the Discount Code at the time of submitting and paying for your Order. Discount Codes can not be applied towards payment for an Order after the Order has already been submitted by you. You are advised to confirm that the Discount Code entered by you has been applied correctly in reduction of the price for your Order before making payment.

8.6 In using your Discount Code, you acknowledge that all Discount Codes are subject to the following further conditions:

(a) Discount Codes vary from time to time and therefore the discounts offered will also vary;
(b) only one Discount Code may be applied towards payment for any Order;
(c) Discount Codes may not be used in conjunction with Gift Vouchers; and
(d) Discount Codes may not be applied in respect of additional charges including, but not limited to, accessories, upgrade charges, express production charges or delivery charges.

9. Disclaimer

9.1 The quality of the prints in Goods manufactured for you by PBC may not be equivalent to what you see on your computer monitor when using the Software. This may be caused by your computer monitor reproducing colours differently due to the brightness and contrast settings. When editing your Content prior to submitting your order, you are advised to ensure that any changes made by you have not reduced the overall resolution of the original image and that the brightness and contrast settings on your monitor are at the lowest possible.

9.2 While PBC takes every precaution to ensure that the privacy and integrity of your Content is protected, it is possible that your Content could be unlawfully observed by a third party without the permission or knowledge of PBC. PBC, its partners and suppliers, therefore disclaim, to the extent permitted by law, any responsibility or liability in respect of your Content.

10. Delivery

10.1 PBC uses reputable and reliable delivery agents for all deliveries of Orders and reserves the right to change its nominated delivery agent at any time without prior notice to you.

10.2 All Orders are professionally handled and packed in dedicated packaging to avoid any damage during delivery. PBC is not liable for any loss or damage during delivery. You are able to purchase delivery insurance from the Website.

10.3 PBC will use its best endeavours to ensure that all Orders are delivered to the delivery address supplied by you within the Estimated Delivery Time. However, you acknowledge that delivery and manufacturing times may vary during peak and holiday seasons and may also vary depending on the size and quantity of the Goods included in your Order.

10.4 You acknowledge and agree that:

(a) the delivery charges listed on the Website are in addition to the cost of the Order and you must agree to pay these delivery charges together with any other additional charges which may be incurred in relation to the delivery of your Order including, but not limited to, duty imports, value-added taxes or customs clearance charges;
(b) the Estimated Delivery Time is an estimate only and is not an essential term of these Terms & Conditions;
(c) any delay in the delivery of an Order does not entitle you to cancel the Order or to a refund of your payment for the Order;
(d) PBC is not liable for any delay in delivery, including delay caused by harmful components in the Content provided by you, delayed payment by you, an incorrect address supplied by you or any other delays resulting from an event of Force Majeure; and
(e) an ‘Authority To Leave’ sticker may be placed on the parcel allowing the parcel to be left at your provided address without a signature.

11. Returns

11.1 You agree and acknowledge that:

(a) all Goods manufactured by PBC are hand-made using PBC’ quality materials and craftsmanship. Goods can not be duplicated exactly and therefore there may be minor differences across different prints of the same Goods including, but not limited to, slight variations in colour fidelity or binding type; and
(b) in the event of shortages of manufacturing materials, PBC reserves the right to substitute the materials used in the manufacture of your Goods, using the best alternative materials available, without prior notice to you;
and you acknowledge and agree that neither of the above issues entitles you to a refund of your payment for an Order.

11.2 Refunds of Orders, reprints of Orders or cancellation of Orders are generally not provided by PBC except in the case of manufacturing defects or the Goods delivered to you not matching your Order.

11.3 Notwithstanding clause 11.2, PBC prides itself on the quality of the Goods which it produces and conducts quality assurance checks on all Goods. In the event that you discover a manufacturing error, including but not limited to, a mistake in the pagination of a photo book or the physical condition of Goods, you should inform us immediately in accordance with the following process:

(a) as soon as possible, but not more than 7 days, after the Order is delivered to you, you must contact PBC at the e-mail address listed on the Website and provide a description and photographic evidence of the manufacturing error or cause of dissatisfaction. You must also provide photographic evidence of the condition of the packaging to enable PBC to determine if the Goods were damaged during delivery to you;
(b) PBC will review the description and photographic evidence provided by you and will determine, in its absolute discretion, whether to replace the Goods, repair the Goods or provide you with an explanation as to why PBC has declined to repair or replace the Goods. PBC will inform you of its decision within 7 days of receiving your e-mail;
(c) if PBC advises you that it will repair or replace the Goods, you must, at your risk and cost, return the defective Goods to PBC within 14 days of being advised of PBC’ decision; and
(d) PBC will use its best endeavours to deliver your repaired or replacement Goods within 21 days of receiving the defective Goods from you.

11.4 You acknowledge and agree that:

(a) if you do not comply with any aspect of the returns process specified in clause 11.3, you will be deemed to have accepted delivery of the Order and you will not be entitled to have your Goods repaired or replaced and you will not be entitled to a refund;
(b) the return of defective Goods will only be accepted by PBC if the Goods are in the same packaging used to deliver the Goods to you and are in the same condition as when originally delivered to you;
(c) PBC’ acceptance of the return of defective Goods is not an acknowledgment of any fault by PBC or of any breach of these Terms & Conditions by PBC and is not an acceptance of or a granting of credit to you; and
(d) while PBC uses all reasonable endeavours to ensure that the packaging used by its delivery agents prevents damage being caused to your Goods during delivery to you, PBC is not liable for any damage caused during delivery and is entitled to refuse to replace or repair any such damaged Goods. You are able to purchase delivery insurance from the Website.

12. Retention of Data

12.1 In this clause, the following definitions apply:
“Backup Service” means the service provided by PBC to backup Data on the terms set out in clause 12.5
“Completed Orders” means Orders that have been printed and shipped.
“Data” means any and all Content uploaded or otherwise provided to PBC in electronic format.
“Days Dormant” means the number of days in which Data has not accessed.
“Deletion Date” means the date that the Data will be deleted pursuant to this clause.
“Guest Projects” means projects where you have started an online project but not signed in or registered for an account.
“Online Projects” means projects that have been created using the online designer on the Website, whether or not an Order has been created.
“Ordered Projects” means projects where you have placed an Order for this online project.
“Unordered Projects” means projects where you have signed in or registered for an account, have saved your online project but have not ordered the project.
“Unsaved Projects” means projects where you have started an online project and has signed in or registered for an account but have not saved the project.
“Unused Assets” means assets that you have added to an online project the end user but not used on the pages.

12.2 In the case of Completed Orders:

(a) Data may be stored for up to 12 months from the date of the Order;
(b) 10 days prior to the Deletion Date, you will be notified by email that we will be deleting this Data;
(c) the Deletion Date may be found on the Website on the ‘My Orders’ page once you have logged into your account;
(d) You may elect to delay the Deletion Date by a further 12 months by subscribing to our keep all projects from the ‘My Orders’ page.

12.3 In the case of Online Projects:

(a) Data will be deleted on after not being accessed for a period of time according to the following table:
Type of DataDays DormantNotification Given
Ordered Projects30030 days with 4 email notifications sent before the Deletion Date
Unordered Projects15030 days with 4 email notifications sent before the Deletion Date
Unsaved Projects1416 days with 2 email notifications sent before the Deletion Date
Guest Projects4No notification
Unused Assets90No notification
(b) prior to the Deletion Date, you may cancel the scheduled deletion by accessing the Data and following the instructions in the email sent in which case the Days Dormant will reset to zero;

12.4 If you require greater data security or for your Data to be retained for a longer period than as set out in this clause 12, you may subscribe to the Backup Service which is a yearly subscription service on the following terms;

(a) the subscription fee, which is set out on the Website, must be paid in advanced when subscribing to the Backup Service;
(b) your Ordered Projects will be copied to a second storage location in the PBC network;
(c) a third copy of your Ordered Projects will then be backed up in an encrypted, offsite location with all Data transferred via a secured connection;
(d) the subscription to the Backup Service can be cancelled at any time. Any refunds will be at the sole discretion of PBC; and
(e) if the subscription is not renewed, the Data saved under the Backup Service will be managed in accordance with clauses 12.2 and 12.3 as relevant.

12.5 Without limiting clause 15, notwithstanding this clause 12, PBC makes no guarantee or warranty that any Data held by it will be retained and, in storing Data with PBC, you agree to indemnify and hold harmless PBC and its Related Bodies Corporate for any loss or damage to the Data and any indirect or consequential loss you may suffer as a result of such loss or damage.

12.6 If you would like to delete your data/images from our application, you will need to delete the project/s containing the images.

(a) To delete a project which you have not yet ordered: Go to our website and click on 'Start Creating' from the top left corner. Select 'Continue a Project', then login to your account. Click on ‘Online Projects’. Select the project you would like to delete. Click ‘Delete’, then ‘Yes’.
(b) To delete a project which you have already ordered: Go to our website and login to your account. Click on ‘My Account’, then ‘My Orders’. Scroll down to the project you would like to delete. Click the dropdown menu underneath ‘Select’, then click ‘Delete Order Files’. Both of these actions will delete the project and images from our system.
(c) You can also delete your user account and all of your projects by contacting us at business@photobookshop.com.au

13. Force Majeure

13.1 PBC shall not be considered in default in the performance of its obligations, or be liable for any failure to deliver or for any delay in delivery of an Order to the extent that such failure or delay is caused by an event of Force Majeure.

13.2 In the event of a delay arising from an event of Force Majeure, the time of the performance of delivery of an Order shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

13.3 For the purposes of this clause, ‘Force Majeure’ means:

(a) war, hostilities, blockade, insurrection, invasion, act of foreign enemies;
(b) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance; and
(c) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, typhoon, tidal wave, pandemic or volcanic activity;
or any other cause whether similar or dissimilar to any of the causes or categories described above and which is beyond the reasonable control of PBC.

14. Indemnity

14.1 You agree to indemnify and hold harmless PBC and its Related Bodies Corporate (and the officers, agents, partners and employees of these) against:

(a) all and any demands, claims, actions and proceedings, whatsoever and howsoever arising, made by any third party in connection with or arising from the Content submitted by you or your use of the Software; and
(b) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by PBC in connection with or arising out of a breach of any provision of these Terms & Conditions by you.

14.2 The indemnity given by you in these Terms & Conditions:

(a) is a continuing obligation;
(b) is a separate and independent obligation from the other obligations set out in these Terms & Conditions; and
(c) survives the termination of these Terms & Conditions.

15. Limitation of Liability

15.1 You acknowledge and agree that in using the Software and submitting your Order, you have not relied in any way on any of PBC’ representations, descriptions, illustrations, specifications, skill or judgment which are not expressly stated in these Terms & Conditions or on the Website. You further acknowledge and agree that you have satisfied yourself as to the condition and suitability of the Software for your purposes.

15.2 Unless these Terms & Conditions expressly provides otherwise:

(a) all express and implied conditions, warranties or liabilities (including liability in respect of negligence) regarding the condition, accuracy, suitability or quality of the Software or the Goods are negated and excluded; and
(b) PBC gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of the Software or the Goods.

15.3 PBC’ liability for a breach of these Terms & Conditions, statutory causes of action, or common law or tort (including negligence) in any way arising from these Terms & Conditions will be limited to the extent that PBC will not be liable for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

15.4 Notwithstanding clause 15.3, nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Consumer Legislation. If PBC breaches any provision of these Terms & Conditions or a condition or warranty which has been implied by the Consumer Legislation and cannot be excluded, PBC’ liability will be limited, where possible, to:

(a) in the case of the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of the provision of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again;
whichever PBC prefers to provide.

15.5 The rights and remedies which you have pursuant to these Terms & Conditions are in addition to the rights and remedies under the Consumer Legislation.

15.6 Clauses 15.3 to 15.5 inclusive will survive the termination of these Terms & Conditions and will continue for the benefit of, and be enforceable by, PBC.

16. Termination

PBC may, at any time in its absolute discretion, terminate the licence to use the Software granted to you in clause 3. All licenses granted by you to PBC in respect of your Content and all limitations of PBC’ liability will survive such termination.

17. Waiver

No failure to exercise and no delay in exercising on the part of you or PBC of a right, power or privilege under these Terms & Conditions shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege.

18. Entire Agreement

These Terms & Conditions, including the terms of the Privacy Policy and the Website Terms, together with any Order issued in connection with these Terms & Conditions, constitute the entire agreement between you and PBC and all previous dealings, representations and arrangements are hereby expressly excluded. Subject to any further written agreement between you and PBC which may be contained in an Order or an application to be accepted as a customer of PBC which may contain terms which are in conflict with these Terms & Conditions, to the extent of any inconsistency, the terms of these Terms & Conditions take priority over the terms of any Order.

19. Severability

If any of part of these Terms & Conditions or any provision of any agreement in which the terms of these Terms & Conditions are expressly or impliedly incorporated, shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that part or provision shall to that extent be deemed not to form part of these Terms & Conditions or of such contract and the enforceability of the remainder of these Terms & Conditions and of the contract shall not be affected.

20. Governing Law

These Terms & Conditions are governed by the applicable law in the State of Victoria, Australia and you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.