Terms and Conditions
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You may appear in one of the Photographs but that does not entitle you to any additional rights.
The following document is your licence for use of photographic prints purchased from this site.
Please read these terms carefully because they will apply as soon as you submit your completed order through the site.
- Fairfax New Zealand Limited (“we” and “us”) licenses the use of photographic prints purchased from this site (the Photograph) to you as purchaser, on the following basis.
||You have a licence only to use the Photograph for personal and domestic use (licensed purpose).
||You may not copy, vary, modify or sell the Photograph or display the Photograph in a public place (including in the publicly accessible areas of a business) without prior permission from us.
|| Except for the licensed purpose, you obtain no rights in the Photograph.
||If you give the Photograph to another person that person is bound by the terms of this licence but you will still be responsible to us for any breach by that person.
||This licence can be terminated by us giving you written notice to the address or email address specified in your online purchase. You must then stop all use of the Photograph, of any kind.
- You acknowledge that the intellectual property rights in the Photograph belong to us or to the person who licensed the Photograph originally to us and you will not ever dispute ownership.
- We are not obliged to accept your order for Photographs and we may decline to fill an order for any reason. If that happens we will refund your payment for that order in full and as promptly as we can.
- While we will take reasonable care to provide you with a good quality image, the Photograph is provided to you on an "as is" basis. As far as the law allows, all representations, conditions and warranties (whether express or implied, statutory or otherwise), including warranties of merchantability or fitness for a particular purpose, are excluded from this licence. We will not be liable for any loss or damage to you or any one else as a result of this licence, however caused (including direct, indirect, consequential, special loss or loss of profits). If we do become liable to you or anyone else for any loss or damage, our liability to you arising out of all claims for damages under this Agreement will not exceed in aggregate the purchase price actually paid by you for the Photograph.
- You indemnify us against all costs, expenses and damages we may incur in connection with any claim against us related to your use of the Photograph in any way.
- This licence will be governed by and interpreted in accordance with the laws of New Zealand.
- Visitors If you are just visiting the Site and looking at material from it, we may collect and store the following information about your visit:
||the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet;
||the operating system and the browser your computer uses, and any search engine you are using;
||the date and time you are visiting;
||the URLs of the pages you visit;
We may keep track of pages you visit within the Site in order to find out which Photographs features and services are the most popular.
We use that information to measure the number of visitors to different parts of our Site and to measure the effectiveness of advertising.
Although we may publish aggregated information about usage patterns, we do not disclose information about individuals except for the reasons set
We may gather more extensive information if we are concerned, for example, about security issues.
We do not sell information which identifies you personally.
We may also monitor interactions with our site using Nielsen//NetRatings Site Census and Market Intelligence tools.
- Customers If you use the Site to buy Photographs this will involve our collecting additional personal information about you, such as your email address, name, work address, telephone number and credit card details. We may also collect demographic information, such as your age, gender, preferences, and interests.
The e-commerce merchant facility for the Site is provided by Direct Payment Solutions (see www.dps.co.nz). The Photographs you order on the Site are processed by Imagelab Limited as a contractor to us.
We are part of Fairfax Media, owned and operated by Fairfax New Zealand Limited. Information we collect on the Site is for use by and may be combined with information obtained by our related companies ("related companies" has the meaning set out in section 2(3) of the Companies Act 1993).
This information is used by us for the operation of the Site, to take and fulfil (through Imagelab) your order for Photographs, to provide general statistics regarding use of the Site and to assist us to deliver customised content and advertising.
Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our services.
You may decide not to provide information to us. However, if you do not provide it, we may not be able to fulfil your order.
You may ask to see the information we hold about you and we will provide it as long as we are satisfied as to your identity, have the information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you.
We may provide your personal information to others to:
||provide our services for you and others;
||send you bills (if applicable) and recover any money you owe;
||keep you informed of and conduct, sales and marketing activities in relation to services available to,
or planned for, you from us and other people;
||exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies,
communications network operators and selected business partners has.
- Third Party Ad Servers. Some of our advertisers use third party companies to serve advertisements when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites, including information gathered by cookies, in order to provide advertisements about goods and services of interest to you. We do not control the practices of these companies and they may not follow the same privacy policies as us.
- Third party websites. We encourage you to review the privacy statements of websites if you follow links from the Site to them, so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites linked from the Site.
- Changes to our Policy. We may, at our discretion, update or revise this Policy from time to time. Any changes will take effect immediately once they are posted on our Site. Your continued use of the Site after any changes have been posted on our Site signifies your acceptance of those changes.