Terms and Conditions

Terms and Conditions.

The "www.PassportPhotosOnline.com.au" website ("the Site") is owned and operated by www.PassportPhotosOnline.com.au   Please read these terms and conditions carefully. By using, and continuing to use the Site, you will be deemed to have agreed to, and will be bound by, these terms and conditions.  
  1. 1.       Agreed Service
1.1      You have requested and www.PassportPhotosOnline.com.au has agreed to [Function of the website].  
  1. 2.          Application of these Terms and Conditions
2.1      Your use of the Site is subject to these terms and conditions, the privacy statement and other terms found on the Site.
2.2       You agree to be bound by these terms and conditions as may be varied or updated pursuant to clause 3 below.  
  1. 3.          Amendment Procedure
3.1      From time to time, www.PassportPhotosOnline.com.au may vary the terms and conditions to keep them in line with updates to its business, comply with legislative changes, for security or technical reasons, or for any other reason.
3.2      www.PassportPhotosOnline.com.au may also vary the price it charges for its services which will apply to the following pay period after www.PassportPhotosOnline.com.au gives notice of the price change in accordance with sub-clause 3.3 below.
3.3      The above changes will become effective upon publication of a notice via the Site, email or in writing. If you continue to use www.PassportPhotosOnline.com.au's services after such publication, your use will constitute acceptance of the amendments.  
  1. 4.          Terms of Use
4.1      You must comply with these terms and conditions, the privacy statement and other terms found on the Site.
4.2      You may be required to supply www.PassportPhotosOnline.com.au with your personal details including your full name, date of birth, current addresses, telephone/mobile number, email address, and your bank account or credit card details.
4.3      You consent to the use and disclosure of your personal information by www.PassportPhotosOnline.com.au for the purposes detailed in www.PassportPhotosOnline.com.au's privacy policy.
4.4      It is your responsibility to ensure that the information you provide us is correct and current and to notify www.PassportPhotosOnline.com.au of any changes to your business or personal details.
4.5      You must ensure you keep your logon username and password confidential and immediately change the password if it is lost, stolen or otherwise compromised. www.PassportPhotosOnline.com.au does not take any responsibility for any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with use of your logon and password by you or any other person.      
  1. 5.          Your Warranties
You represent and warrant that the information and/or material you provide www.PassportPhotosOnline.com.au:
5.1      is information and/or material that you are authorised to provide;
5.2      is not defamatory or offensive in relation to or adversely reflects any product, service, person or corporation;
5.3      does not infringe any intellectual property rights or other rights, including trademarks,  business names, copyright, confidential information, designs or patents;
5.4      is not misleading or deceptive or likely to mislead or deceive, is not the "passing off" of any product or service, and does not constitute unfair competition;
5.5      does not infringe any State or Federal legislation or regulations of Australia;
5.6      will not give rise to any claims or liabilities against www.PassportPhotosOnline.com.au.  
  1. 6.          www.PassportPhotosOnline.com.au's Warranties
6.1   Services provided by www.PassportPhotosOnline.com.au are 'as is', without warranties of any kind, either expressed or implied, except those warranties which cannot be specifically excluded under the Trade Practices Act 1974 (Cth). www.PassportPhotosOnline.com.au makes no representations or warranties in relation to this website or the information and materials provided on this website.
6.2   Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any professional matter (i.e. legal, financial or medical), you should consult an appropriate professional.  
7            Links to other Websites
7.1      The Site may contain links to other websites which are owned and operated by third parties and which are not maintained or controlled by www.PassportPhotosOnline.com.au or its related companies ("Third Party Sites").
7.2   These links are provided as a convenience to you and www.PassportPhotosOnline.com.au does not imply any endorsement of the linked site.
7.3      www.PassportPhotosOnline.com.au does not make any representations or warranties regarding the Third Party Sites and does not accept responsibility for the material contained on those sites.
7.4      If you decide to leave the Site and access the Third Party Sites you do so at your own risk.  
8            Maintenance of the Site
8.1      www.PassportPhotosOnline.com.au may be required to perform maintenance to servers or its Site from time to time. www.PassportPhotosOnline.com.au will endeavour to schedule maintenance for convenient times with minimal interruption and keep you informed of details of any maintenance.
8.2      As a result of any maintenance or due to any other reason the Site may be temporarily unavailable. www.PassportPhotosOnline.com.au assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunctions or other problems relating or resulting from the Site being offline or unavailable.
8.3      www.PassportPhotosOnline.com.au will archive your data onto backup mechanisms on a regular basis for the purpose of disaster recovery.
  9            Intellectual Property 9.1      The text, images, graphics, sound files, animation files, video files and their arrangement on this website will be subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Such objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other Internet sites, apart from those uses permitted under the Copyright Act 1968 (Cth).
  10        Limitation of Liability
10.1   www.PassportPhotosOnline.com.au does not accept liability to you for losses that result from your use of www.PassportPhotosOnline.com.au's services in the connection with conducting your business. If liability cannot be excluded, www.PassportPhotosOnline.com.au limits its liability to you to (at www.PassportPhotosOnline.com.au's option) [Chosen option; e.g. the cost of re-supply].
10.2   www.PassportPhotosOnline.com.au makes no warranties that its Site is complete, current or free from errors or omissions.
10.3   www.PassportPhotosOnline.com.au does not warrant or represent that its services or access to its Site will be continuous and uninterrupted.
10.4   www.PassportPhotosOnline.com.au makes no warranties that the Site will be secure and free from external intruders (hackers), virus, worm attack, or unauthorised access by any person.
10.5   www.PassportPhotosOnline.com.au does not warrant that its Site complies with the laws of any other country outside Australia.
10.6   www.PassportPhotosOnline.com.au does not make any representations or warranties in relation to the number of visitors the Site will attract.
10.7   You acknowledge that you have not relied upon any advice given or representations made by www.PassportPhotosOnline.com.au or on its behalf in connection with its services.
10.8   By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
  11        Indemnity
You agree to indemnify and hold www.PassportPhotosOnline.com.au, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with:
11.1   your breach of these terms and conditions, the privacy policy or any other terms found on the Site;
11.2   any willful, unlawful or negligent act or omission by you;
11.3   the publication of any information or material supplied by you to www.PassportPhotosOnline.com.au
  12        Severability
If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out and other provisions which are self-sustaining and capable of separate enforcement to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
    13        Waiver
The failure, or delay on the part of www.PassportPhotosOnline.com.au in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.
  14     Entire Agreement
These terms and conditions, together with www.PassportPhotosOnline.com.au's privacy policy and other terms found on the Site, represent the entire agreement between you and www.PassportPhotosOnline.com.au in relation to the advertising services and cannot be varied except by agreement in writing signed by an authorised representative of www.PassportPhotosOnline.com.au.