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Terms of Sale

Products

Application of Terms

  1. All purchases of products from the Canon Store are governed by these Terms of Sale. By ordering products from the Canon Store you agree to be bound by these Terms of Sale. If you are reserving a space for an event or tour, please refer to the Event Terms. If you are purchasing a PhotoPICO product please see the PhotoPICO terms
  2. Canon reserves the right to change these Terms of Sale at any time, however such changes will only apply to orders accepted by Canon after that time.
  3. Canon's Privacy Policy and Terms of Use also apply to your use of the Canon Store. To the extent of any inconsistency, these Terms of Sale prevail.

Orders

  1. An order placed by you within the Canon Store is an offer to purchase a product from Canon. Canon reserves the right to reject any order for any reason.
  2. You may not cancel an order once it has been submitted.

Cancellation due to Error

  1. You acknowledge that despite our best efforts, products may be displayed with incorrect pricing or other information, or may be out of stock, due to an error or oversight. In such circumstances, and subject to applicable law, Canon reserves the right to cancel an accepted order, in which case any payment received will be refunded.

Pricing

  1. The prices of products and delivery will be as specified within the Canon Store at the time of placement of your order. Those prices include GST.

Delivery

  1. Standard delivery to addresses within Australia is free. Canon does not deliver to post office boxes (or similar services), or outside Australia.
  2. Any delivery dates specified within the Canon Store and/or in any communication from Canon to you are estimates only. While Canon will use its best endeavours to meet such dates, we will not be liable to you for any failure to do so.

Vouchers and Store Credit

  1. From time to time Canon may issue Canon Store vouchers with discounts or promotional offers to be redeemed at the Canon Store checkout. Vouchers are subject to the additional terms and conditions specified on the voucher.
  2. Canon store credit is only available to those with a Canon Store account. If Canon issues you with store credit, this will be linked to your account and the value may be applied at the checkout. Canon store credit is not exchangeable for cash.

SocietyOne Loans

  1. Where you apply for, and are granted conditional approval for a SocietyOne loan through the Canon Store, you can elect to pay using the loan at checkout provided your purchase is sufficient to meet SocietyOne’s minimum loan amount.
  2. You must complete your application at the checkout within 14 days of the application or it will expire.
  3. After checkout, you must finalise your loan with SocietyOne. Products will not be despatched until the loan is approved by SocietyOne and Canon receives payment.
  4. If your application is not approved you may consider an alternative payment method. However, you will need to start the shopping cart process again.

Mixed Payment Methods

  1. Except for vouchers and store credit (which may be redeemed at the checkout with the remainder paid using an alternative payment method), it is not possible to mix payment methods. For example, you cannot pay partially with a credit card and partially with a SocietyOne loan.

Title and Risk

  1. Title, and risk of loss or damage to the products, will pass to you on delivery of the products to the address identified in your order.
  2. A signature is required on delivery and it is your responsibility to ensure someone is available to sign for your order.

Your Obligations

  1. You represent that any information provided by you when placing an order is up-to-date, materially accurate, and sufficient for Canon to fulfil your order.
  2. You represent that you have legal capacity to enter into a contract.
  3. You are responsible for keeping your password and other access details secure against unauthorised access. You release Canon from any liability incurred as a result of any activity that occurs using your user details.
  4. You represent and agree that you are not acquiring products for the purposes of reselling them.

Warranties and Consumer Guarantees

  1. Subject to our 14 Days Peace Of Mind Policy, change of mind returns are not permitted.
  2. All products from the Canon Store are supplied with a Canon voluntary warranty on Canon’s standard warranty terms.
  3. Products from the Canon Store are also covered by consumer guarantees under the Australian Consumer Law.
  4. An online returns process is provided for particular circumstances. For further information, see the FAQs.

Limitation of Liability

  1. In relation to products which are not ordinarily acquired for personal, domestic or household use or consumption, and which fail to comply with a consumer guarantee under the Australian Consumer Law, Canon limits its liability to its option of:
    a. replacing the products or supplying equivalent products;
    b. repairing the products;
    c. paying the cost of replacing the products or of acquiring equivalent products; or
    d. paying the cost of having the products repaired.
  2. Subject to law, clauses 18 -21 above state the full extent of our potential liability to you in respect of the supply of products from the Canon Store. All other potential liabilities are expressly excluded.
  3. If any provision of these Terms of Sale is unenforceable for any reason, such provision shall be severed from these Terms of Sale and the remaining Terms of Sale will remain in full force and effect.
  4. These Terms of Sale are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Events

Application of Terms

  1. Subject to the following all orders placed through the Canon Store to reserve a space for an event or tour (“Event”) are governed by these “Event Terms”. By submitting an order, you agree to be bound by these Event Terms. If you are making a booking for the Canon Collective Photographic Festival Uluru & Outback, specific Uluru event terms apply instead of these standard Event Terms.
  2. Information about, and any further criteria for participation in the Event published by Canon (“the Event Criteria”) forms part of these Event Terms.
  3. Canon reserves the right to change these Event Terms at any time, however such changes will only apply to orders accepted by Canon after that time.
  4. Canon's Privacy Policy and Terms of Use also apply to your use of the Canon Store. To the extent of any inconsistency, these Events Terms prevail.

Orders

  1. An order placed by you within the Canon Store is an offer to reserve a space at an Event. Canon reserves the right to reject any order for any reason.
  2. You may not cancel an order once it has been submitted.

Cancellation due to Error

  1. You acknowledge that despite our best efforts an Event may be displayed with incorrect pricing or other information, or may be sold out, due to an error or oversight. In such circumstances, and subject to applicable law, Canon reserves the right to cancel an accepted order, in which case any payment received will be refunded.

Pricing

  1. The prices of events (if applicable) will be as specified within the Canon Store at the time of placement of your order. Those prices include GST.
  2. Any ancillary costs associated with your participation in an Event, including but not limited accessing any website connected with the Event, travel expenses, meals, or accommodation are not included, and are your sole responsibility, unless otherwise indicated.

Confirmation of Order

  1. You will receive a confirmation of your order via email. Subject to clause 7 above, your place is reserved upon receipt of your confirmation of order.
  2. You must bring evidence of your confirmation of order to the Event.

Age Requirements for Participation

  1. Unless otherwise stated, anyone participating in the Event must be at least 13 years of age. If a person participating in the Event is under the age of 18, they must be accompanied by a parent or guardian who has also reserved a place at the Event (unless otherwise agreed).

Legal Release and Hire Forms

  1. As a condition of participating in the Event, you may be requested, and you agree to sign any legal documentation as and in the form required by Canon or its third party service provider or Event partners, including but not limited to a legal release form and/or equipment hire form. Canon will use reasonable endeavors to provide you with access to such documentation before you submit your order.

Attending the Event

    1. Please arrive on time. If you arrive late, the Event may commence without you.
    2. Participation in an Event may at times require you to travel or participate in activities requiring physical fitness. You are responsible for ensuring you are in suitable attire and physical condition. Any medical condition, medication being taken or any other factor that may affect your health or participation must be notified to Canon prior to the Event. Participation indicates you certify you do not have any physical or other conditions that may hinder your participation in the Event or which might present a potential risk to yourself, Canon, its third party providers or partners or to other participants.
    3. Canon reserves the right to decline or remove any participant from an Event for any reason, including if their conduct or condition is deemed to pose a risk or nuisance to others or to the participant.

You May be Filmed or Photographed at the Event for Promotional Use

  1. From time to time, Canon may take photographs or capture film of participants at an Event. Please notify Canon or the Event leader/s if you do not wish to be photographed or filmed.
  2. Except where you notify Canon or the Event leader/s that you do not wish to be photographed or filmed, you consent to Canon using your likeness, image and/or voice as captured in any photographs or film (“the Content”) for the purpose of promoting Canon, the Event or future Events in any media, including online media such as Canon’s official social media pages and website. Canon is not obliged to use the Content. Canon may edit the Content prior to publication without seeking your approval and is not required to acknowledge you when using the Content. You agree that you do not own any intellectual property rights in the Content.

Vouchers and Store Credit

  1. From time to time Canon may issue Canon Store vouchers with discounts or promotional offers to be redeemed at the Canon Store checkout. Vouchers are subject to the additional terms and conditions specified on the voucher.
  2. Canon store credit is only available to those with a Canon Store account. If Canon issues you with store credit, this will be linked to your account and the value may be applied at the checkout. Canon store credit is not exchangeable for cash.

SocietyOne Loans

  1. Where you apply for, and are granted conditional approval for a SocietyOne loan through the Canon Store, you can elect to pay using the loan at checkout provided your purchase is sufficient to meet SocietyOne’s minimum loan amount.
  2. You acknowledge that the loan process may take time to complete therefore it is not recommended that you use a SocietyOne loan to purchase an Event without starting the process well in advance.
  3. You must complete your application at the checkout within 14 days of the application or it will expire.
  4. After checkout, you must finalise your loan with SocietyOne. Your space at an Event will not be reserved until the loan is approved by SocietyOne and Canon receives payment. If you are concerned about an Event selling out, Canon recommends you choose an alternative payment method.
  5. If your application is not approved you may consider an alternative payment method. However, you will need to start the shopping cart process again.

Mixed Payment Methods

  1. Except for vouchers and store credit (which may be redeemed at the checkout with the remainder paid using an alternative payment method), it is not possible to mix payment methods. For example, you cannot pay partially with a credit card and partially with a SocietyOne loan.

Your Obligations

  1. You represent that any information provided by you when placing an order is up-to-date, materially accurate, and sufficient for Canon to fulfil your order.
  2. You represent that you have legal capacity to enter into a contract.
  3. You represent that you have read and will comply with the Event Criteria.
  4. You are responsible for keeping your password and other access details secure against unauthorised access. You release Canon from any liability incurred as a result of any activity that occurs using your user details.
  5. You represent and agree that you are not submitting orders for the purpose of reselling your Event reservations.

Cancellations

  1. Cancellations for change of mind are not permitted unless otherwise specified.
  2. Subject to clause 28 below, and unless otherwise specified, the Event will continue to run in the rain.
  3. If the Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of Canon, including, without limitation, extreme weather conditions, the Promoter reserves the right in its sole discretion, to the fullest extent permitted by law to modify, suspend or cancel the Event. Canon will use reasonable endeavours to make contact with you prior to the commencement of the Event in such situations.

Limitation of Liability

  1. Nothing in these Event Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
  2. Subject to clause 29, and to the fullest extent permitted by law, Canon expressly excludes all other direct or indirect liability arising in any way from your order and/or participation in the Event.
  3. If any provision of these Event Terms is unenforceable for any reason, such provision shall be severed from these Event Terms and the remaining Event Terms will remain in full force and effect.
  4. These Event Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales about any proceedings in connection with the Event or these Events Terms.

PhotoPICO Terms

Acceptance of Terms
Please read these terms and conditions (Terms of Service) carefully. By downloading the Designer, and accessing this Service you acknowledge you have read, understood and agree to be bound by the following Terms of Service.

These Terms of Service constitute the entire agreement between you and us with respect to the use of the Designer and this Service.

Placing an Order
Please take care in proofing and previewing your order and carefully check your spelling.

Once an order is placed and paid by you through this Service, that order becomes binding. Due to the personalised nature of the products ordered through this Service, once made, any order placed by you through this Service cannot be cancelled or varied.

Please keep a copy of the image. We do not accept liability for damage or loss of files.

All orders are accepted and handled in accordance with the conditions below. We reserve the right to refuse an order if you fail to comply with these Terms of Service.

When ordering you must observe the laws of Australia. You accept that you are solely responsible for any order placed by you.

Copyright and responsibility for images
By placing an order you warrant to us that:

  • (a) you are the owner of the image or have express permission of the owner of the image to use and submit the image us;
  • (b) your use of the image does not infringe the rights of any third party, including but not limited to, copyright, trade marks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights; and
  • (c) your use of the image complies with the laws of Australia.

We claim no ownership rights in any image you submit to the Service and will use the submitted image solely for the purpose of fulfilling your order. You grant to us and to our agents and contractors, a perpetual, worldwide, non-exclusive, transferable, royalty free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate and distribute the image in such manner we consider reasonably necessary for the purpose of fulfilling your order.

Indemnity
You agree to indemnify, defend and hold harmless us including our directors, officers, employees, affiliates, agents and contractors from and against all losses, claims, liabilities, expenses, damages and costs including legal costs, resulting from:

  • (a) your breach of these Terms of Service; or
  • (b) any claim that our use of the image you submitted for the purpose of this Service infringes any copyright, or other intellectual property or moral rights of a third party.

Offensive and Explicit Images
We reserve the right to not produce any item that we reasonably believe may contravene laws, contain explicit or sexual imagery, is invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.

Quality of images
You acknowledge that the quality of the prints will never be better than is to be expected on the basis of what you see on your computer monitor when using the Designer. It is your responsibility to ensure image quality issues in the images uploaded, including dark, over-exposed and out-of-focus images.

Canvas is a natural product and is mounted by hand. Consequently there may be imperfections in the print and manufacture that are considered part of the character of the product. Images used in a wrapped canvas will have portions of the image appear on the side of the canvas and portions of the image may also be cropped off due to the shape of the canvas. You accept you will not require refund, reprint or compensation for issues of this type.

Limitation of Liability
This clause is not intended to exclude or limit any rights or remedies applying to the supply of the Services which you may have under the Competition and Consumer Act 2010 (Cth) or equivalent Commonwealth, State or Territory Laws.

The Services are provided to you at your own risk and we do not accept liability for any direct or consequential loss or damage suffered by you as a result of your use of the Designer or this Service. You should take appropriate steps to back up material submitted by you and protect your computer against any damage. The use of the Services, including the downloading of the Designer and uploading of your images may not be error free or uninterrupted. Whilst we have taken commercially reasonable care, we do not give any guarantees in relation to the security, reliability, timeliness and performance of the Service and any of those functions.

To the maximum extent permitted by law, our liability to you in connection with the Services and any product supplied under them will be limited, at our election, to:

    • (a) repair or replacement of the product; or
    • (b) refund up to the amount paid by you for the Service.

Secure Data and Transmission
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to the Designer and this Service will be uninterrupted, error free or that any defects will be corrected. Although we have taken commercially reasonable care, we do not give any guarantees to the security of any content or image you transmit to us.

Delivery
Our service level is to produce an order within seven working days or less, however this is not a guarantee. Delivery times may be greater dependent on external factors, such as order volumes, equipment failure and material availability. We will not accept cancellation of an order on the basis of a delayed delivery.

Delivery will be dispatched by Air Express or Australia Post depending on product and service level selected by you. If a delivery cannot be made, the delivery driver has the authority to leave an item if he/she deems it safe to do so. If the delivery driver deems it is not safe to leave an item, a card will be left explaining how you can receive delivery or pick-up the product at your local post office or freight depot.

Delivery will only be made to an address within Australia.

Returns and Reprints
If any product ordered by you through his Service is damaged in transit or is not of acceptable quality please contact us within two weeks of delivery to discuss an appropriate remedy (including reprint, refund or repair).

In addition to the above, you may have additional legal rights and remedies in Australia under the Australian Consumer Law. Nothing contained in these Terms of Service is intended to exclude or limit those rights and remedies.

General
These Terms of Service are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

We reserve our right to vary these Terms of Service at any time without notice to you. If any provision of these Terms of Service is unenforceable for any reason, such provision shall be severed from these Terms of Service and the balance will remain in full force and effect.

Definition
Designer means the third party software available for download for the purpose of editing an image and placing an order.

Service means the service of printing the image or images submitted by you for printing provided via the Photo Pico website.

We, Our or Us means Canon Australia Pty Ltd and its agents, contractors and subcontractors who are engaged in the creation, provision or maintenance of the Designer and Services.

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