MSP Photography | Terms and Conditions

General Terms and Conditions

1. MSP
1.1 If you use www.msp.com.au (this “Website”) you agree to these Terms and Conditions (“Terms”). If you do not agree to these Terms you must not use this Website or make a purchase from this Website.

1.2 MSP Photography Pty Ltd (“We” or “Us”) of 2 Ball Place, Wagga Wagga NSW 2650 carries on business from this Website.

2. Information and Content
2.1 We may change, add to or remove content from this Website at any time.

2.2 You agree to make your own enquiries to verify information on this Website and assess the suitability of the products for your purposes. We will not be liable for any errors in content on this Website or any actions you have taken in reliance on that content.

2.3 The information published on this Website is current as at the date of publication.

2.4 You agree to report any error or omission in any information on this Website to us.

2.5 If this Website contains third party advertisements or content or links to other Websites We do not warrant or guarantee the correctness of the information in that advertisement or content or endorse the other Website and We do not recommend or endorse the advertiser or supplier of the content or owner of the other Website. You rely on the advertisement or content or access the other Website at your own risk.

3. Use and Security
3.1 You agree you may only use this Website for the purposes allowed by these Terms, any applicable law and generally accepted practices.

3.2 You will not interfere with this Website, the servers or networks that host this Website or the security features of this Website.

3.3 We will report any suspected fraudulent, abusive or illegal activity.

3.4 We may restrict access to and limit use of this Website at our discretion.

3.5 Access to this Website is provided “as is” and “when available”.

3.6 All logos, trademarks, distinctive brand features, sounds and other items which may be considered to be intellectual property appearing on this Website belong to us or are licensed to us for use and you may not use them without our prior written consent.

3.7 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 this Website will be uninterrupted or error free. Whilst We take measures to protect information We do not warrant and cannot ensure the security of any content or information you transmit via this Website. You transmit to this Website at your own risk. Once We receive your information or transmission We will take reasonable steps to preserve its security. If you become aware of any security issues with this Website you undertake to notify us immediately.

3.8 We are not responsible for any interference or damage to your computer system which arises because of your use of this Website.

3.9 We may use cookies on this Website to gather information and you consent to this.

4. Privacy
4.1 Our privacy policy explains how your personal information is collected and managed.

5. General
5.1 These Terms are to be construed in accordance with the law of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales.

5.2 If any term or condition is found to be void, illegal or unenforceable then that term or condition will be severed from these Terms which will not affect the full force and effect of the remainder of these Terms.

5.3 A failure by us to enforce a right is not to be deemed a waiver of that right.

5.4 These Terms may be amended by Us at any time without notice and your continued use of this Website will be your agreement to be bound by the amended Terms. You agree to review the terms each time before using this Website.

5.5 We will not be liable for a delay in performing our obligations if such delay is caused by circumstances beyond our reasonable control.

Terms and Conditions of Sale

6. Purchase
6.1 If you make a purchase from this Website you do so subject to these Terms.

7. Products and Pricing
7.1 The School Photography Industry in Australia operates on a pre-order, pre-pay basis. MSP Photography collects payment and orders before 'photo-day'. Products are then printed with a batch process in our dedicated production facility. We don't deliver to home addresses. School photo products ordered through this site will be delivered to the school, via the local MSP Photography Franchise. All payments must be made in full prior to the delivery of the product.

7.2 Prices are shown in Australian dollars and include GST if applicable. Prices are subject to change.

7.3 We reserve the right to correct any errors published on this Website.

7.4 Images of products are for illustrative purposes only and may vary from the products depicted or described.

7.5 Payments must be made via credit card and will be subject to the terms and conditions of those providers.

8. Deliveries and Refunds
8.1 MSP Photography offers a 100% satisfaction guarantee on prints. If you are not fully satisfied with your photographs simply return them to your local franchise office within 14 days and you'll receive a full refund. Please note that this money-back guarantee does not extend to Digital Portrait downloads, so please ensure that you're completely happy with your hard-copy prints before you download your digital portrait.

8.2 At MSP Photography, we pride ourselves on delivering your photos quickly and aim to have your order delivered to the school within a month of photo day. This depends on proofing turnaround times and delivery times, particularly to remote schools.
Please note that photos will only be delivered back to the school and cannot be despatched to individuals.

9. Liability and Indemnity
9.1 To the full extent permitted by law, We exclude all liability to you or anyone else for loss, cost or damage of any kind suffered as a result of using this Website, including but not limited to:
(a) errors, mistakes or inaccuracies on this Website;
(b) information contained on this Website or a linked Website;
(c) unauthorised access to or use of this Website’s secure servers;
(d) any interruption or cessation of transmission to or from this Website; or
(e) any viruses or harmful code or transmission which may be transmitted from this Website.

9.2 You acknowledge that our liability for breach of any condition or warranty which may be implied under the Competition and Consumer Act 2010 in connection with the supply of any products by Us to you is limited to any one of the following, as determined by Us:
(a) The replacement of the product or supply of equivalent product; or
(b) The payment of the cost of replacing the product or acquiring equivalent products.

Except for any liability under this clause, or any obligation under the said Act to indemnify you, We are not be liable for any losses, claims, costs, damages or expenses (including, but not limited to, those arising through death, injury or illness caused to any person or loss of or any damage to any property, including, but not limited to your property) arising out of or in any way connected with the supply of products to you.

9.3 You indemnify Us against any loss, cost or damage suffered by Us arising from any claim or action against you where such claim or action arose out of your use of this Website.