Terms & Conditions

Terms and Conditions of Use for www.hedleyoncanvas.com.au or www.photofootprints.com Website

Welcome to this www.hedleyoncanvas.com.au and www.photofootprints.com Website. This Website is operated under the following registered business numbers (BN19774631) (hereinafter referred to as "HOC" and (BN18520479, ABN41933230742) (hereinafter referred to as "PF").

In purchasing goods from the www.hedleyoncanvas.com.au or the www.photofootprints.com Website, your agreement is with HOC or PF respectively. All of the content featured or displayed on the Website is owned by HOC or PF respectively, its related bodies corporate or content providers.

Following are the terms that govern your use of the Website and any material available from it. Please read these terms before you continue to use the Website or purchase any Image. Should you continue to use the Website this means you accept these terms and conditions thus formulating a binding contact between you and HOC or PF regarding such use.

If you are entering into this agreement on behalf of your employer, the terms and conditions of use recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

1. Definitions

2. Limitation of Liability

3. Proper Use

4. Whose Rules

5. Complaints

6. What to do if you are unsure of your rights

1. Definitions

In these terms and conditions:

a. 'HOC' means Hedley on Canvas (BN19774631) and 'PF' means Photo Footprints (BN18520479, ABN41933230742).

b. 'You' means a party who uses the Website. If you use the Website on behalf of your employer or as agent for a principal this definition will include your employer or principal. You will ensure that any person supplied any image at your request will comply with these terms, and will be personally liable to HOC or PF if such person fails to do so, as if such failure were a failure by you.

c. 'Content' means all of the content featured or displayed on the Website, including but not limited to, Images, Text and Photographs.

d. 'Reproduction' means any form of colour or black and white copying, publication, distribution to the public of the whole or part of any Image whether by printing, photography, slide projection (whether or not to an audience), Xerography, artist's illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means. Reproduction further includes the use of the whole or part of any Image in the creation of another picture, which may be partly or completely different from the original Image whether such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means.
'Reproduce' has a corresponding meaning.

e. 'Website' means the whole or any part of the website pages located at www.hedleyoncanvas.com.au or www.photofootprints.com (including the layout of the Website, graphic design elements of the website pages, underlying code elements and any text, graphics, or other content of the Website).

2. HOC & PF limit their liability to you

You may have certain rights and remedies available to you in relation to the provision by HOC & PF of goods and services on the Website under the Australian Trade Practices Act 1974 and similar state and territory legislation in Australia which cannot be excluded, restricted or modified ("Basic Rights"). Except as provided by the Basic Rights.

a. All other conditions and warranties either expressed or implied by custom, law or statute are excluded.

b. The Images we provide and all Content on the Website is provided without any warranties of any kind, either expressed or implied, other than as we expressly state.

c. HOC & PF do not warrant that your access to the website or the functions contained on the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the servers, which stores and submits Content to you via the Website are free of viruses, malicious computer code transmitted on or through the Website or other harmful components.

d. HOC & PF do not warrant and expressly disclaim the accuracy of all descriptions and specifications of any products displayed or viewed through the Website.

e. HOC & PF do not warrant and expressly disclaims the currency, accuracy or completeness of any Content or any Information provided by third parties on or through the Website.

Use of the Website is at your own risk. Subject to these terms, you assume full responsibility and risk of loss resulting from your downloading, use of, or access to data. Files, information, Content or other material on or through the Website. To the extent permitted by law, under no circumstances will HOC or PF be liable for any damages whatsoever, whether direct, indirect, punitive, special, or consequential damages, including (but not limited to) loss of profits, loss of or damage to goodwill or other expectation benefit or liability to you or any third party that are directly or indirectly related to the use of, or the inability to use, the Website or any Content provided on it or through it, even if advised of the possibility of such damages or that such damages were foreseeable and you hereby indemnify HOC & PF against any claim by any person for such damages howsoever arising including in tort or in contract. Note: This does not limit Your Basic Rights referred to above.

3. Proper Use

HOC & PF have made the commitment to their providers that no part of any photograph, likeness, image, appearance, reproduction or performance will be used in either an improper, or demeaning manner, and by accepting these terms and conditions you agree to be bound by this commitment and you hereby indemnify HOC & PF against any claim (of whatever nature and kind including a claim in tort or a claim in contract) by any person in respect of any such use by HOC or PF.

4. Whose Rules

This contract between us will be governed by and interpreted in accordance with the Laws of the State of Queensland, Australia.

5. Complaints

HOC & PF aim to resolve any grievance you may have before it gets to the stage of a complaint or dispute. Our intention is to keep you happy through great service and by providing timely resolution of complaints, should the occasion ever arise. To that end, HOC & PF have fair policies in place.

You should retain all order and receipt documentation from any purchase in order to explain, authenticate and expedite any claim you might have.

If you have a complaint about our products or service or are seeking a refund please send an email to info@hedleyoncanvas.com.au or info@photofootprints.com.au clearly describing the circumstances of your grievance. We will revert to you as soon as we can after investigating your complaint, but at least within 5 business days from the date we receive your email.

Where we have been unable to resolve your grievance to your satisfaction, we advise you to go to the Department of Fair Trading in your State or Territory or to the Australian Consumer and Competition Commission.

6. What to do if you are unsure of your rights

If you are unsure of your usage rights under this agreement, contact us by email at info@hedleyoncanvas.com.au or info@photofootprints.com.au or by telephone +61 408 303 316 (International) or 0408 303 316