Terms and Conditions
Welcome to the Smiths City Imaging Centre internet service provided to you by Smiths City Southern Ltd. (Smiths City), with support from FUJIFILM NZ Limited and FUJIFILM Australia Pty Limited, through smiths City’s web site www.smithscityimagingcentre.co.nz (Web Site), provides you with access to a number of services that may be used in accordance with these Terms and Conditions (Terms), including without limitation:
- the ability to order prints of digital images that have been uploaded to the Web Site;
- the ability to design and order photo books or other photo products; and
- other services offered by Smiths city on the Web Site from time to time,
1.Becoming a MemberYou become a registered member of the Web Site (Member) once you have entered your name, chosen password, email address (which must be a genuine email address)and the Store to which your use of the Service relates, and you have received from Smiths City (or from the Store that you have requested upload your images or photographs to the Service) by email, confirmation of your membership. Once you are a Member, Smiths City will enable you to use all of the Services described on this site for Members subject to these Terms. Smiths City only permits one membership for each email address.
2. Your password and accountYou are responsible for maintaining the confidentiality of your password and account details. If you have forgotten your password, you may click the link on the home page of the Web Site and we will email your password to you. Smiths City will keep you informed of the status of your account during your membership via your email address. Sharing Member access protocols is expressly prohibited. Sharing access protocols may, in Smiths City’s sole discretion, result in immediate termination of the Service to you. Smiths City and its service providers will electronically monitor your use of the Web Site to ensure that only Members gain access to the Web Site. Smiths City reserves the right to control access to the Web Site by Members.
3. Grant of licenceSmiths City grants you, as a Member, the right to access and use the Web Site and the Service, such right being non-exclusive and non-transferable and limited by these Terms.
4. Fees and paymentYou agree to pay all fees and charges incurred in connection with your orders for each Service. Payment is to be made via Paypal as specified on the Web Site, or as otherwise specified on the Web Site from time to time. An electronic sales order confirmation will be sent to your email address once your order has been captured into Smiths City’s system.
5. DeliverySmiths City will arrange for your order to be shipped within 7 working days of receipt to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order. Smiths City is not responsible for New Zealand Post delivery or other third parties.
6.ServiceSmiths City does not accept any amendments or changes to be made to the file of your photos or images once the file has been uploaded on the Web Site whether by you or by the Store. Therefore it is your responsibility to check proofs thoroughly before uploading anything to process for a photo book, prints or other photo products. Smiths City is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammatical errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Once you have placed an order for Service via this Web Site, the order will not be treated as having been accepted until you receive confirmation from Smiths City that this is the case. This confirmation may be made by e-mail or post. The decision as to whether to accept any order from you is entirely at Smiths City’s discretion. In the event that prints, photo book or a photo product are produced and then discovered to be in contravention of these Terms, Smiths City will not dispatch the prints, photo book or photo product to you. Smiths City may, at Smiths City’s sole discretion, refund all or a proportion of the payment made in respect of such an order but reserves the right to charge the full price as if the relevant products had been dispatched.
7. ReturnsIf an order arrives damaged, please contact Smiths City’s customer support team (within FAQ, General) and quote your order number (you will receive this number after a successful transaction at the Web Site). Smiths City will let you know whether you need to return the item to Smiths City or the Store, the acceptance of defective goods being at Smiths City’s sole discretion. Smiths City will not be liable if the damage, defect or fault arose as a result of misuse, neglect or mishandling of the Product by you or if you made a wrong decision. If we determine, in our reasonable discretion, that any Product was not genuinely damaged on arrival or faulty in its manufacture, we will return the Product to you at your cost. We will otherwise, at our discretion, replace the Product or refund any monies paid by you to us once the return is received.
8. Your copyrightGenerally under copyright laws, the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to Smiths City that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs to use such images or photographs which, using the Service, you submit to Smiths City via the Store, or you upload via the Web Site. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfil print orders made for your images and photographs, you grant to:
8.1 Smiths City; and 8.2 any Store that you have instructed to upload your images or photographs to the Service or that fulfils print orders of your images or photographs,
a perpetual, world-wide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.
9 Copyright claimsSmiths City respects the intellectual property rights of others. In the event that Smiths City receives a written complaint alleging copyright infringement by a Member, it will refer the complaint to the Member concerned. Smiths City also reserves the right to disclose your identity to any third party that is claiming that any content uploaded by you to the Web Site constitutes a breach of their intellectual property rights, or of their right to privacy. It is the Member's responsibility to resolve any such complaint. Should the Member not resolve the complaint satisfactorily and advise Smiths City, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the Member (the Referral Date), Smiths City reserves its right, in Smiths City’s absolute discretion, to suspend that Member’s membership until such time as the matter is resolved. If Smiths City has not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, Smiths City reserves the right, in Smiths City’s absolute discretion, to terminate the Member's membership.
10. Intellectual Property RightsSmiths City either owns or has the right to use the copyright, trademarks and general rights akin to those rights in any jurisdiction with respect to the Web Site, its content and the Service (Smiths City’s IP). You acknowledge that you have no claim or interest in Smiths City’s IP, other than in relation to those rights expressly provided to you either in these Terms or in any other written agreement which you may have with Smiths City. You must not, nor permit any other person to, copy alter, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of Smiths City’s IP, without Smiths City’s prior written consent, or do any act that would or might invalidate or be inconsistent with Smiths City’s IP, unless such copying, reproduction or use is required for the purpose of using the Web Site, its content or the Service in the manner in which they are intended to be used. You must notify Smiths City of any actual, threatened, or suspected infringement of Smiths City’s IP and of any claim by any third party that any use of the Web Site or the Service infringes any rights of any other person, as soon as that infringement or claim comes to your notice. You shall (at Smiths City’s expense) do all such things as may reasonably be required by Smiths City to assist Smiths City in pursuing or defending any proceedings in relation to any such infringement or claim.
11. Your ResponsibilitiesWhile using the Web Site, any content on the Web Site or any part of the Service, you must:
11.1comply with these Terms and any other agreements which you may have with Smiths City; 11.2 make sure all information which you supply to Smiths City is current, complete, accurate and provided for in a timely manner; 11.3 comply with all applicable laws, regulations, standards and codes in any jurisdiction; 11.4 not damage or disrupt the Web Site, its content or any Service; 11.5 not access, use or interfere with anybody else’s Service or email or other communications which are not intended for you; and 11.6 not use the Web Site, its content or any part of the Service to:
11.6.1infringe copyright or any other intellectual property right held by Smiths City, any other customer, any advertiser or any other person in any jurisdiction; 11.6.2 engage in any activities in such a manner as to expose Smiths City, the Store, or any other third person who is involved in making the Service available to you, to liability or to adversely affect the name, reputation or business of Smiths City or any such third person; 11.6.3 send spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind; 11.6.4 abuse, defame, threaten, stalk or harass others; 11.6.5 send objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind; 11.6.6 run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software; 11.6.7 introduce any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with Smiths City, or anyone else’s network or computer system; or 11.6.8 use or run any software or device which may interfere with the Service which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means.
12. Prohibited materials and contentWhenever you make use of a Service that allows you to upload photos or images to the Web Site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with those standards, and you indemnify Smiths City in relation to any breach of that warranty. You acknowledge that any image or photograph submitted by you to the Website or a Service is subject to Smiths City’s review, however, Smiths City has no obligation to monitor or moderate content. Smiths City reserves the right, at Smiths City’s sole and absolute discretion, at any time and without notice to you, to refuse to display, to edit, or to remove images or photographs from the Web Site or a Service deemed to be objectionable by Smiths City or considered by Smiths City to be contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by Smiths City to law enforcement authorities if, in Smiths City’s sole judgment, such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any Store to the Service, any image or photograph the content of which Smiths City believes:-
12.1 is offensive, inappropriate, defamatory, abusive, racist, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or in any way unsuitable for persons under the age of 18 years; 12.2 advocates any illegal activity or is illegal under any law or regulation at any place where the images or photographs are posted or uploaded from, viewed from, received from, or infringes any industry code of conduct; 12.3 is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person; 12.4 violates or otherwise encroaches on the rights of others including their right to privacy; 12.5 contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service; 12.6 in Smiths City’s opinion, might adversely affect the reputation or business of Smiths City, the Store or the Service
13. Web Site CommitmentSmiths City will endeavour to keep the Web Site and its contents up to date and accurate. However, it makes no representation or warranty (whether express or implied) that the content displayed on the Web Site is up to date or accurate. Information within the Web Site may change from time to time. While every effort will be made to ensure that the information contained on the Web Site is accurate and up to date, SmithsCity makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in the Web Site, or that it will meet your requirements or that it will be suitable for your purposes nor does Smiths City assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in the Web Site. You should make your own inquiries and seek independent advice before acting or relying on any information or material which is made available to you pursuant to any information contained on the Web Site.
14. Operation of the Web SiteSmiths City may change the format and content of the Web Site or the Service at any time. Smiths City may terminate or suspend the operation of this Web Site (or terminate or suspend the provision of any Service) for support or maintenance work, in order to update the content or for any other reason. Smiths City may do this at any time and without notice. You are advised to keep back ups of all material provided to Smiths City. In particular, it is up to you to keep backup copies of images uploaded by you or emailed or posted to Smiths City. Smiths City will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
15. Disclaimer of warranty and limitation of liabilityIf you use the Web Site, its content or any part of the Service for purposes other than in relation to a business, Smiths City accepts that you may have rights under the Consumer Guarantees Act 1993. If you use the Web Site, its content or any part of the Service for business purposes, then that Act does not apply. Nothing in these Terms is intended to affect any rights which you may have under such legislation which Smiths City is unable by law to exclude or limit in accordance with these Terms. To the extent permitted by law, the Service and all products provided by Smiths City to you are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability, non-infringement and fitness for a particular purpose are expressly disclaimed. You acknowledge that access to the Website, and use of the Service is at your own risk. Smiths City will endeavour to allow you access to the Web Site, however it makes no representation or warranty (whether express or implied) that the Web Site or any Service will:
15.1 operate on a continuous or fault free basis, or at any particular time or location; 15.2 be secure or private; or 15.3 be free of viruses or other harmful features.
Smiths City is not responsible for:
15.4 any device or other equipment which is not owned or supplied by Smiths City;or 15.5 any use of the Web Site or any Service which is inconsistent with the directions or instructions for use or which is contrary to these Terms.
Smiths City disclaims any warranties for the security, reliability, timeliness and performance of the Service. s Smiths City disclaims any liability in relation to the acts or omissions of any third parties in relation to any default by them in relation to the provision of or access to, the Web Site, its contents or any Service. SMITHS CITY (INCLUDING SMITHS CITY’S OFFICERS, EMPLOYEES, AGENTS AND ANY FIS STORE) WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER BASIS TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD ARISING FROM THE:
15.6 USE, OR ABILITY TO USE OR NAVIGATE THE WEB SITE; 15.7 THE CONTENT OF THE WEB SITE; 15.8 THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION TO THE SERVICE; 15.9 AMENDMENT TO THESE TERMS FOR ANY REASON, OR THE TERMINATION OF YOUR MEMBERSHIP; 15.10 ANY LATE OR NON DELIVERY OF YOUR ORDER; 15.11 UNAUTHORISED USE OF YOUR PHOTOGRAPHS OR IMAGES BY A THIRD PARTY,
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. If, notwithstanding the above, a court of competent jurisdiction holds Smiths City (or any of Smiths City’s officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, Smiths City’s total aggregate liability will be limited to, at Smiths City’s option, the replacement of an equivalent amount of unexposed film and processing, replacement uploading to the relevant Service, reprinting an image for you or giving you a refund of any monies paid by you to Smiths City relating to the relevant Service. You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the Web Site or the Service. You are also liable for losses where any act or omission of yours has contributed to causing those losses. YOU SHALL INDEMNIFY SMITHS CITY (INCLUDING ITS OFFICERS, EMPLOYEES AGENTS AND THE FIS STORE) FROM AND AGAINST ALL CLAIMS, COSTS (INCLUDING SOLICITOR AND CLIENT COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY FROM ANY CONTENT YOU SUBMIT ON THE WEB SITE, YOUR USE OF THE WEB SITE OR ANY SERVICE, YOUR BREACH OF ANY OF THESE TERMS OR ANY OBLIGATION THAT YOU MAY HAVE TO US OR BY ANY OTHER PERSON ASSESSING THE SERVICES AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
16. Disclaimer of advertisementsResponsibility for the content of advertisements appearing on the Web Site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers which are the sole responsibility of advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Smiths City of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
17. Disclaimer of other sitesLinks to web sites outside of the Web Site are provided as a convenience to you. Smiths City does not necessarily endorse the content of such third party web sites or publications. Smiths City makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor does it assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.
18. Breach of these TermsSmiths City reserves the right, in Smiths City’s sole discretion, to suspend or terminate your membership without notice if you breach any of these Terms or any other agreement which you may have with Smiths City. Such suspension or termination may include the removal or deletion of your materials from the Web Site. When Smiths City considers that a breach of these Terms has occurred, Smiths City may at Smiths City’s discretion take such action as Smiths City deems appropriate. For any material breach of these Terms this may result in Smiths City taking all or any of the following actions:
18.1 immediate, temporary or permanent withdrawal of your right to use the Web Site or any Service; 18.2 issue of a warning to you; 18.3 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; 18.4 further legal action against you; or 18.5 disclosure of such information to law enforcement authorities as Smiths City reasonably feels is necessary or as required by law.
Smiths City excludes Smiths City’s liability for all action Smiths City may take in response to breaches of these Terms. The actions described above are not limited, and Smiths City may take any other action Smiths City reasonably deem appropriate. Any of the terms in these Terms capable of survival (such as the liability and indemnity provisions) will survive any termination of your access. You may terminate your account by contacting Smiths City via email or post. You may be asked to provide further proof that you are the holder of the account. Your account will be terminated as soon as reasonably practicable following receipt of your email or letter.
19. Governing LawThis agreement shall be governed by the laws of New Zealand and the parties submit to the jurisdiction of the Courts of New Zealand.
20. Force MajeureA party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes or other industrial failure, internet failure, riots, hostilities, revolutions, national emergency, explosions, civil commotion, embargoes, fire, flood, earthquake, volcanic eruption or other force of nature or “Act of God”.
21. SeverabilityIf any court of competent jurisdiction finds any provision or part thereof of these Terms to be illegal, invalid or unenforceable, that provision or part thereof shall be severed from these Terms and the remaining terms shall remain in force and constitute the Terms between Smiths City and you with respect to use of the Web Site, its content and the Service .
22. Entire AgreementThese Terms constitute the entire agreement between Smiths City and you with respect to the use of the Web Site, its content and the Service.
23. WaiverThe failure by Smiths City to enforce any right or provision of these Terms will not constitute a waiver of the right or provision.
All notices to Smiths City should be sent to Smiths City, 550 Colombo Street, Christchurch 8011, New Zealand or emailed to Smiths City firstname.lastname@example.org.