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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 PhotobookShop 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 PhotobookShop 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 PhotobookShop Pty Limited ("PBS") website ("Website"). PBS 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 PBS 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.


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 PBS, 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 PBS 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.

3. Limitation of Liability

3.1 PBS and its related bodies corporate attempt to be as accurate as possible in the description of products. However, PBS 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 PBS of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). PBS 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) PBS 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) PBS 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) PBS 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; and
(e) you (and not PBS) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
(f) PBS does not accept any liability in relation to losses or damages in regards to the transport of data files/products to our office either electronically or in other formats sent to via third party couriers. By submitting files/products 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 customers take all appropriate steps that they consider necessary to ensure that in the unlikely event that your files are misplaced, lost or damaged, you have a backup or a copy of the media format so it can be resent. Our recommendation of 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 files to our office or when the completed product is shipped back to you.

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 PBS) will PBS 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 PBS 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, PBS’ liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of PBS, to the following:

(a) in the case of services supplied or offered by PBS;
(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 PBS:
(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.

(v) In the cases of images provided for scanning, at the absolute discretion of PBS, a refund may be offered, however, the customer acknowledges and agrees that any refund will be limited to the value of the service and any consideration paid WILL NOT include any sentimental value of the images

3.6 Photobookshop will not be liable for any loss, however caused, of data stored on disks, tapes, compact disks or other media that is delivered to the Customer. We strongly urge customers to backup all data as soon as the storage device containing the scans is received. In the event that scans are not able to be retrieved immediately after delivery, the customer must notify Photobookshop in writing within 7 days of delivery of the storage device.
Any notification received after the expiry of the 7 day period will not be actioned as all data is deleted after this time for privacy reasons.

4. Indemnity

You agree to indemnify and hold harmless PBS 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 PBS or the appropriate supplier or licensor of PBS. 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 PBS or the appropriate supplier or licensor of PBS.

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

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

5.4 By submitting products to our office for scanning, you agree that you are the rightful holder of the copyright for all the images you submit for scanning and are responsible for any legal dispute that arises out the reproduction of your images. Furthermore, you agree to release and indemnify PBS from any action whatsoever in relation to any breach of copyright.

6. Names and Logos

6.1 The PBS name and logo and the names and logos of PBS products ("PBS Names & Logos") form a part of the established corporate brand and image of PBS and its related bodies corporate, which PBS considers to be a significant proprietary asset. Unless the prior written consent of PBS is obtained, you agree to not use any of the PBS 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 PBS';
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages PBS or the information, products or services of PBS (including this Website); or
otherwise hold yourself out as being associated with, related to or connected with PBS 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 PBS Names & Logos or the names and logos of other people or entities pursuant to these Terms of Use must contain an acknowledgement that PBS 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 PBS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PBS 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 PBS, 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 PBS may from time to time monitor or review any content posted in its Communication Facilities. While PBS reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in PBS’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, PBS has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is PBS 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 PBS 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 PBS 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 PBS disclaims any and all liability in connection with Contributions. PBS assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. PBS is under no obligation to treat your Contribution as confidential.

9.2 PBS 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 PBS

10.1 By placing any Contributions, 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 PBS and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, 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 PBS and any other party authorised by PBS 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 PBS, you will execute and deliver to PBS such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

11. Security

At PBS 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) PBS 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’re making an online purchase from PBS 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://...'


Please report any suspicious activity to PBS immediately.
(c) NOTE: Whilst every precaution is taken by PBS when your files/products are physically in our possession, we cannot accept any liability for any misuse when files/products are submitted and are on their way to us (either electronically or via third party courier) or when the final product leaves our possession during delivery.

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 PBS or its related bodies corporate and neither PBS 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 PBS 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, PBS 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

PBS endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, PBS 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 PhotobookShop Pty Limited ("PBS") 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 www.photobookshop.com.au ("Website") and our goods and services.

1.2 PBS is bound by the National Privacy Principles, under the Privacy Act 1988 (Cth), 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. PBS 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 PBS with your personal information, whether in person, via the Website, by email or any other form of correspondence, PBS will endeavour to ensure that such information remains private and is only used in accordance with this policy. By providing PBS with your personal information, you consent to PBS 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 PBS in many different ways. Most personal information is provided to PBS through customers registering for an account with PBS or updating their details.

2.2 Personal information is also collected when goods or services are requested from PBS, when goods or services are provided to PBS, when a customer completes a survey, questionnaire or competition application form, when customers participate in forums where PBS goods or services are discussed and when customers communicate with PBS 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 PBS goods or services).

2.3 Generally, you are not obligated to provide any information requested by PBS. However, if you choose to withhold information, PBS 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 PBS, PBS 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 PBS to identify your computer to PBS’ 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). PBS may use the information contained in Cookies to make assumptions about you and to provide you with focused advertising that PBS 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. You can find out more about the use of Cookies on www.allaboutcookies.org.

3. Use and Disclosure of Personal Information

3.1 PBS 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 PBS 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 PBS or submit your resume generally;
(f) provide you with ongoing information about employment with PBS which PBS believes you may be interested in; and
(g) give you the opportunity, from time to time, to receive information about PBS news, events, promotions, competitions or offerings in respect of PBS goods and services such as emails or ‘e-newsletters’. You will of course be able to unsubscribe from such communications

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

(a) third parties which PBS 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 PBS. These third parties must comply with similar undertakings of privacy and confidentiality as PBS;
(b) another business if PBS merges with or is acquired by another business. In this event, PBS 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 PBS is required to do so; and
(d) any third parties authorised by you to receive personal information held by PBS.

4. Access to Personal information

4.1 PBS account holders can access or update the account information which PBS 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 PBS holds about you by contacting PBS’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 PBS may require you to verify your identity and provide further information about your request. Where PBS is legally permitted to do so, PBS may refuse your request for access to your personal information and PBS 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, PBS will make a note on your personal information of such dispute.

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

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

5. Security

5.1 PBS protects the personal information which PBS 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. PBS also uses ‘Secure Sockets’ software which encrypts information you input.

5.2 While PBS 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, PBS 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 PBS has no control over them and PBS is not responsible for any information which is submitted to or collected from these third parties.

6. Changes to this Privacy Policy

PBS 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.

7. Contacting the Privacy Officer

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

PhotobookShop Pty Limited
239 Separation Street
NORTHCOTE VIC 3070
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 PBS 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 PBS in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with PBS.

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


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 PBS.

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 .

"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 PBS’ 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 PBS 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 PBS’ website www.photobookshop.com.au.

"Website Terms" means PBS’ 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, PBS 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 PBS.

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 PBS without the express written consent of PBS;
(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 PBS;
(f) copy the design, layout, look, appearance or graphics which appear in the Software or the Website without the express prior written consent of PBS;
(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, PBS 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 PBS.

3.5 In the event that PBS determines, in its absolute discretion, that you have breached these Terms & Conditions, PBS 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 14, PBS 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 PBS when you submit an Order using the Software (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) infringes upon the Intellectual Property of any other person;
(c) contains any viruses, worms, corrupt files, ‘Trojan Horses’ or other harmful components which may damage or alter PBS’ computer systems or data; or
(d) provides a link to any of the above.

4.3 You acknowledge and agree that by submitting your Order, you grant a licence to PBS in respect of any of your Content included in your Order. This licence is granted solely to enable PBS to fulfill your Order and enables PBS 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 PBS immediately and PBS will investigate and take all appropriate actions to remedy the infringement.

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

4.5 PBS, 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, PBS 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 Clauses 4.1 to 4.5 are also applicable 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, PBS 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 PBS 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) PBS 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) PBS 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 PBS 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, PBS will not accept any amendments to an Order once it has been submitted by you and your payment has been received. If PBS 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 PBS 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 PBS’ cancellation fee, as listed on the Website and subject to change from time to time, in respect of the expenses incurred by PBS in connection with granting your request to cease manufacture of your Goods.

5.5 Upon submission of your Order, it is the responsibility of the customer to provide their Order files for production. Order files 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 PBS will not commence manufacturing the Goods until PBS 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 PBS is encoded using ‘Secure Sockets Layer’ technology.

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

7. Gift Vouchers

7.1 PBS 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 PBS’ absolute discretion. You are solely responsible for the security of Gift Vouchers delivered to you. PBS 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.

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 PBS 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) PBS reserves the right to refuse to honour a Gift Voucher if PBS reasonably believes that the Gift Voucher has been obtained fraudulently. In this situation, PBS will require an alternative method of payment to be used.

8. Discount Codes

8.1 PBS may, from time to time, conduct various forms of marketing or promotion whereby PBS 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 publically 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 PBS’ absolute discretion. You are solely responsible for the security of Discount Codes delivered to you. PBS has no obligation to re-issue or re-publish any Discount Code which PBS 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 PBS 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 PBS 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 PBS. PBS, 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 PBS 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. PBS is not liable for any loss or damage during delivery. You are also able to purchase delivery insurance from the Website.

10.3 PBS 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 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; and
(d) PBS 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.

11. Returns

11.1 You agree and acknowledge that:

(a) all Goods manufactured by PBS are hand-made using PBS’ 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, PBS 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 PBS except in the case of manufacturing defects or the Goods delivered to you not matching your Order.

11.3 Notwithstanding clause 11.2, PBS 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 PBS 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 PBS to determine if the Goods were damaged during delivery to you;
(b) PBS 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 PBS has declined to repair or replace the Goods. PBS will inform you of its decision within 7 days of receiving your e-mail;
(c) if PBS advises you that it will repair or replace the Goods, you must, at your risk and cost, return the defective Goods to PBS within 14 days of being advised of PBS’ decision; and
(d) PBS 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 PBS 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) PBS’ acceptance of the return of defective Goods is not an acknowledgment of any fault by PBS or of any breach of these Terms & Conditions by PBS and is not an acceptance of or a granting of credit to you; and
(d) while PBS 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, PBS 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. Force Majeure

12.1 PBS 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.

12.2 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.

12.3 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 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 PBS.

13. Indemnity

13.1 You agree to indemnify and hold harmless PBS 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 PBS in connection with or arising out of a breach of any provision of these Terms & Conditions by you.

13.2 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.

14. Limitation of Liability

14.1 You acknowledge and agree that in using the Software and submitting your Order, you have not relied in any way on any of PBS’ 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.

14.2 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) PBS gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of the Software or the Goods.

14.3 PBS’ 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 PBS 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.

14.4 Notwithstanding clause 14.3, 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 PBS breaches any provision of these Terms & Conditions or a condition or warranty which has been implied by the Consumer Legislation and cannot be excluded, PBS’ 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 sup

(ii) ply of the services again; or

(iii) the payment of the cost of having the services supplied again;


whichever PBS prefers to provide.

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

14.6 Clauses 14.3 to 14.5 inclusive will survive the termination of these Terms & Conditions and will continue for the benefit of, and be enforceable by, PBS.

15. Termination

PBS 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 PBS in respect of your Content and all limitations of PBS’ liability will survive such termination.

16. Waiver

No failure to exercise and no delay in exercising on the part of you or PBS 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.

17. 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 PBS and all previous dealings, representations and arrangements are hereby expressly excluded. Subject to any further written agreement between you and PBS which may be contained in an Order or an application to be accepted as a customer of PBS 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.

18. 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.

19. 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.