1) About these terms and conditions
1.1 These terms and conditions govern the relationship between us, ProCapture360 Pty Ltd, and you regarding:
- the products and services we provide you, including the image capture services we provide at ViewPortal booths
- your access to and use of our website.
1.2 By ordering products or services from us and/or accessing our website, you accept these terms and conditions and a binding agreement is formed between us and you incorporating these terms and conditions. We may vary these terms and conditions from time to time without notice to you.
2) Your account
2.1 You must have an account with us before we will provide you any products or services. You may create an account online via our website, provided you meet all eligibility requirements we set from time to time. You must provide complete and accurate information when creating your account.
2.2 If you intend to use our products or services for any commercial purposes or in relation to a business, you must open a commercial account. Otherwise, you may open a private account.
2.3 If you are under 18 years old, you must have your parent or guardian open an account on your behalf. Your parent or guardian must confirm acceptance of these terms and conditions when opening an account for you. (Read/Print Consent Form)
2.4 You must keep all login details for your account secret and secure. If your account information changes, you must promptly update your account details. You are solely responsible for user activity that occurs in relation to your account. You must notify us immediately if you become aware of any actual or suspected breach of security in relation to your account. Despite the security measures we employ, we will not be liable for any loss (including consequential loss) you suffer as a result of any fraudulent or unauthorised user activity in relation to your account.
3) ViewPortal booths
3.1 One of the services we offer involves us capturing images of people and objects at our ViewPortal booths.
3.2 Before attending a ViewPortal booth to have an image captured, you must book an appointment using the online availability schedule on our website. We reserve the right to reschedule or cancel appointments subject to availability. Appointments will be deemed to be cancelled if you do not attend at the time your appointment is scheduled to start.
3.3 ViewPortal booths will be manned during opening hours by authorised booth operators. You must comply at all times with the instructions and directions of booth operators when having an image captured at a ViewPortal booth. You must also comply with all customer notices displayed in and around booths, as well as any instructional videos being played at booths.
3.4 If you are under 18 years old, we may require you to provide a signed talent release form with your parent or guardian’s signature before we will allow you to have your image captured at a ViewPortal booth.
3.5 We reserve the right to refuse you access to ViewPortal booths if we believe, in our sole discretion, that you:
- are engaging in, or are associated with another individual or group who are engaging in, any anti-social, lewd, indecent or illegal conduct; or
- are under the influence of alcohol or drugs.
3.6 While we take every care to ensure that our customers’ personal items remain safe, we do not accept any responsibility or liability for your personal items that are lost, damaged or stolen at ViewPortal booths.
3.7 We reserve the right to charge you (or your parent or guardian if you are under 18 years old) for any damage that you cause (intentionally or otherwise) to any equipment or structures at ViewPortal booths, including where you damage equipment as a result of failing to follow directions of booth operators.
4) Rights to images
4.1 You agree that we own all intellectual property rights (including copyright) in the images captured at ViewPortal booths, including images of you or objects that you own. For the avoidance of doubt, you agree that the operation of section 35(5) of the Copyright Act 1968 (Cth) (as amended from time to time) is hereby excluded. We may at our discretion (but subject to these terms and conditions) copy, reproduce, publish, communicate to the public, and modify images, and grant sub-licences to any third parties to do these things.
4.2 Depending on what products and services you purchase from us, we may provide you the ability, via our website, to view, use, access, share and download images for certain purposes. In such cases, we grant you a personal, non-exclusive, non-transferrable licence to use the images only in the manner and for the purposes that we specify at the time of your purchase.
4.3 For images that identify you or that reasonably enable you to be identified, you consent (or if you are under 18 your parent or guardian consents) to us:
- publishing the image on our website in relation to general promotion and advertising of our products and services; and
- disclosing the image to our customers anywhere in the world (including for benefit and as part of a service we provide those customers).
By consenting to us disclosing images to our customers outside Australia, you acknowledge that we have not made specific enquires and will not generally take steps to ensure that such overseas customers are bound by the same privacy laws that apply in Australia.
5) Special offers and promotions
5.1 We may from time to time run special offers and promotions in relation to our products and services. For example, we may allow you to use some of our services for free for a limited trial period.
5.2 All special offers and promotions will be subject to both these standard terms and conditions and any additional terms and conditions that we specify for particular promotions.
6.1 All product prices on our website are in Australian dollars, include applicable GST and are subject to change without notice. Prices may not include delivery charges that you will need to pay if an item requires delivery.
6.2 We accept payment by credit card or PayPal. You authorise us to charge your payment method on and from the date any fees and charges become due and payable by you.
6.3 We reserve the right to refuse refunds where you change your mind and decide you no longer want a product or service you have purchased from us. We will meet our statutory obligations to you under the Australian Consumer Law regarding the products and services we provide you.
6.4 If you purchase a product or service that is not a product or service of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you is limited at our option to:
- replacing the product with the same or an equivalent product
- reimbursing you for the cost of having the product replaced with the same or an equivalent product
repairing the product
- reimbursing you for the cost of having the product repaired
- supplying the service again
- reimbursing you for the cost of having the service supplied again.
8) General restrictions
8.1 You must not do or attempt any of the following:
- rent, lease, lend, sell, redistribute, sublicense or on-supply our products or services without our prior written permission
- remove, obscure or alter any trade marks or legal notices displayed on our products or website
interfere with or disrupt the use of our services by others
- damage, disable, overburden or impair our website or any networks connected to it
- solicit or advertise to other users of our website for commercial purposes without our prior written permission
- access our website using any automated process or service (such as a bot or spider) without our permission
- deliberately or recklessly cause harm (whether financial or not) to us or our affiliates
- engage in, facilitate or further any illegal conduct,
and you must ensure that none of your directors, employees, contractors or agents do or attempt any of these things.
9) Cancellation of your account
9.1 Your account will remain open unless it is cancelled in accordance with these terms and conditions. You may cancel your account by giving us at least 30 days’ prior notice by contacting us by email at [email protected].
9.2 We may cancel your account at any time without notice for no reason or for any reason, including if you breach these terms and conditions.
9.3 Upon cancellation of your account, you must immediately stop accessing and using our website and all licences granted to you under these terms and conditions terminate immediately.
9.4 Except as expressly stated otherwise in these terms and conditions, cancellation of your account does not affect any of your obligations or any of our rights under these terms and conditions, all of which survive termination of the agreement between us and you incorporating these terms.
10) Links to third party websites
10.1 The inclusion in our website of any hyperlinks or other pointers to any third party websites or applications does not imply our endorsement or approval of such third parties or their websites, products or other activities.
11) Users outside Australia
11.1 We make no representations or warranties that our products, services or website complies with the laws of any country other than Australia. If you use our products, services or website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place where you reside.
12) General legal terms
12.1 To the full extent permitted by law, we will not be liable to you for any special, indirect or consequential loss, damage or other claim in relation to your use of our website, including in relation to any failure or technical issues that limit or prohibit your use of our website.
12.2 You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage that we suffer, or claims against us in relation to any breach by you of these terms and conditions or any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of our website.
12.3 We may assign our rights and novate our obligations under these terms and condition at any time without your consent.
12.4 Invalidity of any provisions in these terms and conditions does not affect any other provisions. Any delay or failure by us to enforce our rights under these terms and conditions does not constitute waiver.
12.5 These terms and conditions are governed by the laws in force in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
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