TERMS OF SERVICE
Table of Contents
Terms of Service
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
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:
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:
(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;
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:
(ii) the payment of the cost of having services supplied again; and
(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.
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.
5.3 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:
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.
7.1 In consideration of your use of the Website, you agree to:
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:
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.
9.1 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:
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.
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:
Please report any suspicious activity to PBS immediately.
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.
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.
3. Use and Disclosure of Personal Information
3.1 PBS may use information collected from you to:
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:
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.
5.1 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.
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
PhotobookShop Pty Limited
43 Lakeside Avenue
1. Terms & Conditions
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:
"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. (For deliveries outside Australia, please allow a further 7-14 days)
"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:
"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.
3.1 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:
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.
4.1 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:
4.2 Any Order submitted by you must not include Content which:
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.
5.1 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:
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:
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:
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
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:
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:
7.8 In purchasing or using your Gift Voucher, you acknowledge that all Gift Vouchers are subject to the following further conditions:
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:
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.
10.1 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:
11.1 You agree and acknowledge that:
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:
11.4 You acknowledge and agree that:
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:
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.
13.1 You agree to indemnify and hold harmless PBS and its Related Bodies Corporate (and the officers, agents, partners and employees of these) against:
13.2 The indemnity given by you in 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:
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:
(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
(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.
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.
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
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.