The "Fine" Print
If you have a business, you gotta have "it" ... The Fine Print, that is!
Terms and Conditions
All prices are in Australian dollars and include GST.
All prices and products are subject to change without notice.
A deposit of 50% of the book design fee is required for commencement of work.
Once work has started, the 50% deposit is non-refundable.
A weblink to the first draft will be sent by email for approval.
I will facilitate basic changes as many times as required to produce the photobook you want, within "reason" (Fair Use Policy applies).
More involved changes such as adding additional pages, photos (re-working or new), redesign and anything else out of the scope of the original quote will incur an additional charge.
Full payment is required prior to the order of your photobook.
You are responsible for all content and confirm you hold the copyright over all the content you provide me.
All text (captions included) are the responsibility of the client including, but not limited to, correct spelling, syntax, capitalisation, and correct grammar. I place text/captions via cut/paste and do not read the text for proper spelling and/or flow. Repeated changes to text must be done in its entirety (i.e. a full caption or full paragraph) in order to avoid errors. Please check your text and captions BEFORE providing them for placement in the book. Continued changes can incur additional charges.
All finished photo books are mounted on the website with a link to the full book for public viewing. If you do NOT wish a link to the content of your book, please advise Memories4you in writing.
I reserve the right to cancel the contract at any time during the design stage if it is clear that the client and I cannot come to agreement. In this case also, the 50% deposit is non-refundable.
Site terms and conditions
Your access to and use of all information on this website is provided subject to the following terms and conditions.
I reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. I therefore recommend that each time you access my website you read these terms and conditions.
There is no legal minimum age requirement to browse this website. However, anyone below the age of 18 should obtain parental consent in using my services, and for the submission of credit card information when placing an order. I strongly recommend that parents and guardians supervise their children's use of the Website. By proceeding to purchase through my website, you acknowledge that you are over 18 years of age or have parental or guardian consent to proceed.
All prices are in Australian Dollars (AUD) and are inclusive of GST. I endeavour to ensure that my price list is current. I reserve the right to amend my prices at any time. If you have placed an order, I reserve the right to cancel your order should my prices change.
I strive to ensure that my products are described as accurately as possible on my website, however I do not warrant that the description is accurate. Where I become aware of any misdescription, I reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and I do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, I reserve the right to cancel a transaction. Where your credit card has been charged, I will immediately refund your credit card for the total amount debited.
Unless otherwise stated, your photobook will come directly from the book printer. Any damage in shipping will need to be brought to my attention within 7 days of receipt so I can contact the printer for you. You can also choose to contact the book printer directly.
I do not refund if you simply change your mind or if there are customer generated mistakes.
When you visit my website, I give you a limited license to access and use my information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of my content in any other way infringes my intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without my prior written permission.
The license to access and use the information on my website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror my website without my prior written permission. I reserve the right to serve you with notice if I become aware of your metatag or mirroring of my website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and I take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on my website to another website does not imply my endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link my website without my consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of my website's contents including any intellectual property notices and you must not frame or reformat any of my pages, files, images, text or other materials.
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to me or I have a license to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by me or I have a license to use them. Your access to my website does not license you to use those marks in any commercial way without my prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to me through this website becomes my property. If in future I use your Comments in promoting my website or in any other way, I will not be liable for any similarities which may appear from such use. Furthermore, you agree that I am entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide me with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Whilst I have taken all due care in providing the information on my website, I do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
I also take all due care in ensuring that my website is free of any virus, worm, Trojan horse and/or malware, however I am not responsible for any damage to your computer system which arises in connection with your use of my website or any linked website.
To the full extent permitted by law, my liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
I accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s I have supplied.
By accessing my website, you agree to indemnify and hold me harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of my website.
I provide a first draft for all photo books designed, at which point you can make changes to the photo book such as rearrange photos, add/edit text and photo captions.
I do not limit the number of times that you may make changes but suggest that you limit the number of changes to no more than 3 or 4;
If you want to change the entire design of the book, this does not come under my Fair Use Policy and will be charged out at the rate of $40 per hour or part thereof.
If a Force Majeure event causing delay continues for more than Thirty (30) days, I may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which I could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
I undertake to take all due care with any information which you may provide to me when accessing my website. However I do not warrant and cannot ensure the security of any information which you may provide to me. Information you transmit to me is entirely at your own risk although I undertake to take reasonable steps to preserve such information in a secure manner.
Ownership of copyright always remains with the person who took the photos. If you wish to use other people’s photos in the book, ensure you have their permission. You indemnify Memories4you and hold me harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with images you upload to my website for use in your photo book.
Memories4you is committed to respecting the privacy of its customers. The following policy discusses how personal information received by Memories4you will be dealt with. Although not required by law to comply with its provisions, Memories4you seeks to opt in to the Privacy Act 1988 (Cth) in dealing with its customers. I do this so that my customers will have confidence that they are dealing with a supplier committed to excellence and security for my customers.
Information Protection Principles
Memories4you must not do anything, or engage in any practice, that contravenes any information protection principles contained in the Privacy Act. In particular Memories4you declares that it will:
Not collect personal information unless:
the information is collected for a lawful purpose that is directly related to a function or activity of Memories4you, AND
the collection of the information is reasonably necessary for that purpose;
Not collect personal information by any unlawful means;
Collect the information directly from the individual;
Make the individual to whom the information relates aware of:
the fact that the information is being collected, AND
the purposes for which the information is being collected, AND
the intended recipients of the information, AND
whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided, AND
the existence of any right of access to, and correction of, the information, AND
the name and address of the company that is collecting the information and the company that is to hold the information;
Ensure that any information collected is relevant to that purpose, is not excessive, and is accurate, up to date and complete, and that the collection of the information does not intrude on the personal affairs of the individual;
Ensure that the information is kept for no longer than is necessary, that the information is disposed of securely, that the information is protected against loss, unauthorised access, use, modification or disclosure, etc.;
Ensure that everything possible is done to prevent unauthorised use or disclosure of the information;
Help an individual to ascertain whether Memories4you holds personal information, relating to them, and, if so, the nature of that information, its purpose, and their entitlement to gain access to the information;
Provide the individual with access to the information;
Make appropriate amendments (whether by way of corrections, deletions or additions) to ensure that the personal information is accurate, and relevant, up to date, complete and not misleading;
Attach to the information, in such a manner as is capable of being read with the information, any statement provided by that individual of any amendment sought;
Notify recipients of that information of the amendments made;
Not use the information without ensuring that the information is relevant, accurate, up to date, complete and not misleading;
Not use the information for a purpose other than that for which it was collected unless:
the individual to whom the information relates has consented to the use of the information for that other purpose, OR
the other purpose for which the information is used is directly related to the purpose for which the information was collected, OR
the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person.