TERMS AND CONDITIONS

Terms and Conditions

Visual Memories is an online custom design and printing service, allowing customers to upload images from digital devices and choose from a number of different personalised printed products supplied in a variety of different sizes and stock.

This website (“Site”) is owned and operated by Visual Memories ("we", "us"). It is available at www.visualmemories.net and may be available through other addresses or channels. If you would like to contact us about anything contained on the Site please do so by email at support@visualmemories.net.

Consent, Data Protection and Privacy

These Terms and Conditions govern the contents and use of the Visual Memories website (the "Site") and set out the terms and conditions on which we supply the Products available on the Site, and deal with the orders you make, as accepted by us, for Products (each an "Order"). Please read these Terms and Conditions carefully before using the Site and before ordering any Products via the Site.

By accessing, ordering and/or using our Site, you signify that you have read, understand and agree to be bound by these Terms and Conditions.. We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy. Please read these carefully and immediately cease using our Site if you do not agree to them.

Variations

Please note, we may at any time and at our discretion vary or modify these Terms and Conditions by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (“Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date. However when variations are published and updated, we will state the date of the last update below.

Information
The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

The basics of ordering your Visual Memories design/s include:

• Follow the online process on the Site.
• Select the Product you wish your images to be designed and printed on.
• Upload images from your desktop or mobile device.
• Review your order.
• Attach a shipping/postal address to each Product.
• Follow the payment process and confirm your purchase on the Site.
• Complete your Design Brief Questionnaire.
• Receive an email Order Confirmation.
• Await the manufacture your Visual Memories product/s and receive them at the specified shipping/postal address.

 Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. using our Site to defame, harass, threaten, menace or offend any person;
3. interfering with any user using our Site;
4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
5. using our Site to send unsolicited email messages; or
6. facilitating or assisting a third party to do any of the above acts.

Intellectual Property Rights and Rights of Use

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

1. copy or use, in whole or in part, any Content;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form or by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content or on any Product.

We respect the intellectual property rights of others. We ask you to do the same. We will be entitled to terminate your account if you appear to infringe the copyright or other intellectual property rights of others.

User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Site Access

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Making an Order

To place an Order you will need to follow the Order procedure set out on the Site. All Orders are subject to acceptance, by means of an Order Confirmation, by us and we are entitled to refuse any Order placed by you. The Order Confirmation will contain details of your Order, the Price and may contain an estimate of the delivery time for the Order. As long as we receive full payment, once we have sent your Order Confirmation we will start to process your Order and create your personalised Visual Memories Products. An Order cannot be cancelled or altered following your placement of the order. If we are unable to fulfil an Order after accepting payment we may refund your money and cancel the contract which relates to the Product in question.

Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver Products within the time specified, but we do not accept liability for any failure to deliver within that time.

You undertake that all details you provide to us for the purpose of purchasing Products via the Site will be correct.

Price, Payment and Currencies

All prices are inclusive of GST(Goods & Services Tax). GST is based on the final value of your Order, at the current rate in force in association with the delivery address of each product.

Payment must be made by PayPal or by credit or debit card with Stripe at the time of placing an Order which is accepted by us. You will be required to submit your payment details and may also be required to accept additional terms and conditions in relation to the use of 3rd party payment providers such as Paypal. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.

You undertake that all of the details which you provide to us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Order. We reserve the right to obtain your PayPal, credit or debit card details before accepting the Order.

Shipping

Your shipping address for the delivery of your Products will be as shown on your Order and the normal method of delivery shall be via our dedicated delivery provider/s.

We will endeavour to process your Order and manufacture your Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and we will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your Order.

We reserve the right to make delivery of your Order by instalments.

If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price. If delivery is refused or returned due to a defective address, you will be charged a re-delivery fee.

Complaints or claims must be notified to us within 28 days of receipt of Products, or in the case of non-delivery, in a reasonable time after the Products were expected to arrive.

Risk and Property

Risk of damage or loss to a Product and the related Order will pass to you upon delivery to the address you specified in your Order. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from us to you until we have received full payment of the Price and all other sums which are due, owing or payable by you to us in respect of the Order or any other Order between you and us.

Returns, Refunds and Rights of Cancellation

If any Order is damaged or defective when delivered to you, you must notify us within 1 day of receipt. Damaged or defective Products attributable to fault on our part will be reprinted and reshipped at no charge to you. We may, prior to issuing any reprint or reshipment, request samples of the damaged defective Products for inspection. Should you be dissatisfied with the quality of a Product that you receive, we will consider any reasonable complaint and if we consider your complaint justified will provide you with a credit so that you may reorder the Product or order an alternative Product of the same value. To the extent that we issue any type of refund, that refund will be for credits to your account only. We do not issue any cash refunds or refunds to your credit card or other payment method of any kind.

You shall have the right to cancel an Order only in the following circumstances:

• (a) If we have failed to deliver the Order within 28 days after the date you placed the Order and/or you have not been notified by us of an impending/unavoidable delay beyond 28 days from date of order; or
• (b) In the case of a defective Product at the earliest opportunity after you have discovered that the fault or defect (provided that you shall be deemed to have inspected the Product as soon as reasonably practical after delivery and in no case longer than 1 day after receipt).

If an Order is cancelled under the conditions in (a) or (b) above, we shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Order in question.

You shall have the right to return for refund an Order only in the following circumstances:

• (c) In the case of dissatisfaction of non-personalised Wall Products at the earliest opportunity (provided that you shall be deemed to have inspected the Product as soon as reasonably practical after delivery and in no case longer than 1 day after receipt).

Notice of wish to cancel or return an order must be made by email to support@visualmemories.net or via our Contact Us page, quoting the order reference number.

Please note that, except in respect of Products under condition (a) (b) or (c), nothing in these Terms and Conditions shall give you any right of cancellation for Visual Memories products, which, by their nature, have been made to your specification and are clearly personalised.

You must return any Product to us in its original packaging (which you should retain for this purpose).

Nothing in this clause affects your statutory rights.

Links and Third Party Websites

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Liability

We warrant to you that any Product purchased from us via the Site will be of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

While we endeavour to ensure that the information contained on the Site (“Site Content") is correct and error-free, please note that we may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice.

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted, virus or error-free.

We shall have no liability to you other than for direct loss or damage, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by our act or omission or that of our agents, directors, officers, shareholders, employees and subcontractors. Our aggregate liability in respect of during any individual Order shall be limited to the amount of the price for that Product paid by you to us.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise (a) for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or (b) for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising.

Nothing in these Terms and Conditions shall exclude or limit our liability for:

• death or personal injury caused by our negligence; or
• any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
• any liability which cannot be excluded or limited under applicable law.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination 

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Governing Law

These Terms and Conditions, and each Order, are governed by the laws of Australia.

Who we are

Whenever you buy a Visual Memories Product, you will be contracting with Visual Memories, a partnership incorporated in Australia under ABN number 91652667556, whose trading address is at PO BOX 7020 Doncaster East, VIC 3109, Australia.

Last updated: 23rd August 2018