PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF RED CHERRY KINDY PHOTOS (the “SITE”). BY ACCESSING THE SITE AND USING IT’S SERVICES YOU THE CLIENT (hence forth known as “YOU”) AGREE TO THE TERMS AND CONDITIONS AS STATED BELOW.
TERMS AND CONDITIONS:
1. Provision of the Services and How to Contact us.: Red Cherry Kindy Photos (the “Business”) in association with Sytist (Pictures Pro) who provides an online means of managing and selling photographs of childcare and kindergartens in the provision of group shots, individual shots, (“Services”). Once taken photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Service.
The contact details for the Business are as follows:
You acknowledge that you have provided Red Cherry Kindy Photos with accurate and complete registration information on your account sign-up form or enquiry form and that it is your responsibility to update Red Cherry Kindy Photos with any changes to that information by e-mailing or telephoning Red Cherry Kindy Photos at the email address or telephone number provided above.
You must be at least 18 years of age to use the Services - please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time. You must keep your account details secure at all times and if you believe that there has been a breach of security then you must notify Red Cherry Kindy Photos immediately. If Red Cherry Kindy Photos reasonably believes that your details are being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same) then Red Cherry Kindy Photos hereby reserves the right to immediately suspend your access rights on giving notice to you and to block access to the Site until the issue has been resolved to the satisfaction of Red Cherry Kindy Photos.
Red Cherry Kindy Photos is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, Red Cherry Kindy Photos reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. Licence and limited rights to use Content
Red Cherry Kindy Photos grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property”) in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of Red Cherry Kindy Photos. Purchased photos by you are for Personal usage only and are not for use for any commercial purposes.
to receive such information please contact Red Cherry Kindy Photos at the email address provided under clause 1 above or alternative opt out/unsubscribe from emails.
Red Cherry Kindy Photos will ask during the photo registration period if you allow photos from your child/children's photo session to be shown on social media, website and promotional material. You can select Yes or No. No names or location are used in conjunction with sharing of images taken.
4. Warranties and Indemnity
Red Cherry Kindy Photos warrants that it will use all reasonable skill and care in the provision of the Service. Red Cherry Kindy Photos makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes.
You agree to fully indemnify Red Cherry Kindy Photos against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.
5. Limitation of Liability
Red Cherry Kindy Photos shall not be liable to you whether in contract, tort (including negligence) or otherwise, for: any direct, indirect, consequential or special loss or damage; any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage even if foreseeable; or any other loss or damage in an amount exceeding $1.00 (one dollar) in the 12 months preceding the date on which such liability arose.
Notwithstanding the provisions of this clause Red Cherry Kindy Photos liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
Please note that all photographs provided by Red Cherry Kindy Photos are produced to the highest standards using the best quality materials and latest processing techniques. However, over time, all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. Red Cherry Kindy Photos cannot therefore accept any responsibility for gradual image deterioration. Red Cherry Kindy Photos recommends that digital files are printed with a professional print lab only to produce quality results.6. Consent
You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians. It is not our responsibility to ensure that each Subject has the required consent in order for their photograph or image to be used on the Site. Kindergartens and Childcare centres must send all parents/guardians a consent form to receive written consent OR to allow them to express their objections if they do not wish the Subject to be photographed.
Generally, and as a user of the Site, You hereby confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift – we may, in our sole discretion ask You questions to determine Your connection to the Subject and if we are not satisfied with Your answers we can refuse to allow You to use the Service. We may, if we consider it appropriate,contact the relevant authorities and provide whatever personal or other identifying information we may hold on You;
b) You agree that we are under no obligation to store photographs of a Subject for any pre-determined length of time and that can archive them or destroy them whenever we consider it appropriate; Red Cherry Kindy Photos currently archives purchased and unpurchased photos for a period of 12 months only. Photographs taken and not included in photo galleries are deleted immediately as considered not of standard to quality that Red Cherry Kindy Photos upholds.
You agree that You have no propriety interest in any photographs
and/or images generated by the Business and all intellectual property rights
in the same are wholly owned by the Business and You disclaim all
rights you may have in the same both for yourself and on behalf of the Subject.
7. Payment and Refund Policy
The prices for the Services will be as stated on the Site when You register for photos to be taken and shown in the cart and will include GST and exclude delivery which will be added to the total amount charged to You. Complimentary delivery to the childcare centre or kindergarten is offered if orders are placed within the stated closing date (as shown on photo flyers and in communication emails/sms messages. Please note that the final figure shown when you shop and pay using our secure online facility will include all taxes and if any applicable postage fees. Prices are liable to change at any time but you will not be affected if your order has already been placed and you have received such confirmation.
All orders placed during the print ordering period and prior to the closing date will be delivered to your childcare/kindergarten for You to collect. Delivery to your home address requires payment of a postage fee. Red Cherry Kindy Photos does not impose late fees but will impose a charge of $15.00 per order to cover the cost of postage if ordered after the closing date for print orders.
As the goods provided are personal to you and have no re-sale value we regret that we cannot cancel or provide refunds once your order has been placed in production. However, we do understand that mistakes do happen and if you consider that your order is not correct then please contactus and we will try and assist you. Digital files are not refundable due to the instant downloadable nature. It is expected that you check your order before commencing to checkout on the cart website.
All notices shall be given to Red Cherry Kindy Photos via e-mail or by post to Red Cherry Kindy Photos address as set out under clause 1 of this Agreement, or to you at the e-mail or postal address you provide in your registration information.
9. Third Party Links
The Site may contain links to other websites and resources however Red Cherry Kindy Photos is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.
10. Termination and Renewals
Red Cherry Kindy Photos operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of Red Cherry Kindy Photos) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of Red Cherry Kindy Photos) to harm the reputation of Red Cherry Kindy Photos.
11. Dispute Resolution
Should there be a dispute between you and Red Cherry Kindy Photos that cannot be resolved directly within reasonable time period then it ishereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Brisbane, Queensland. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.
No failure or delay on the part of Red Cherry Kindy Photos relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Please note that Red Cherry Kindy Photos does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.
Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and you are advised that neither Red Cherry Kindy Photos nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.
Red Cherry Kindy Photos shall be under no liability to you in respect of
anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Australia and be subject to the exclusive jurisdiction of the Australian courts.