MSP Terms & Conditions
Welcome to MSP Photography. Please read these terms carefully before using our Website. It is important to understand the terms of service you need to agree to before you use our services.
The Terms and Conditions are a binding contract between you and MSP Photography Pty Ltd and our associated companies or franchises (“MSP”). By using this Website You agree to these Terms & Conditions and you accept, consent and agree to be bound by the Terms and Conditions outlined below.
MSP uses Compass’ independently audited school platform and services to ensure the highest level of security and compliance. While some aspects of our business operate outside of this, our core platform for managing the payments, collections, orders and photo distribution is using MSP Online (which is a branded version of Compass for schools). As such we leverage their certifications, uptime, incident and business continuity procedures (or contract these out) for MSP Online.
We recommend that you print a copy of these Terms and Conditions for future reference.
If you have any questions, comments, or concerns regarding these Terms and Conditions, please contact us at [email protected]
COPYRIGHT AND INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights within our services, which include but are not limited to school photography, yearbooks, personalised merchandise and other associated school photography related services (“Services”). We are also the owner or licensee of the material published on our websites (which includes but is not limited to the msp.online and msp.com.au domains) and applications collectively (“Websites”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Websites for your personal use. You must not modify any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Websites must always be acknowledged.
Unless otherwise agreed with you prior and in writing, you must not use any part of the content on our Websites for commercial purposes without obtaining a licence or permission from us to do so.
If you print off, copy or download any part of our Websites in breach of these Terms, your right to use our Services and our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Where we hold registered trademarks in a specific jurisdiction you are not permitted to use them without our approval, unless they are part of material you are using as permitted by us.
Use of our trademarks, or associated logos, without our express prior written permission is not permitted.
DO NOT RELY ON INFORMATION ON THIS SITE
The content provided through our Websites is provided for general information only. It is not intended to amount to advice upon which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content provided through this Website.
The information provided through our Website is subject to change without notice and is not necessarily provided by our company. Although we make reasonable efforts to update and monitor the content provided through our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content (including any published prices) is accurate, complete or up to date and we are not responsible for typographical, technical, pricing or descriptive errors.
In the event you are unsure of the validity of any content on our platform, please contact us at [email protected]
AMENDMENT OF TERMS
We reserve the right to modify, change, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our Websites to ensure you are aware of any changes and the then binding Terms which may be different to these Terms. We will endeavour to highlight any significant or substantive changes to you where possible but do not undertake to do so and any failure by us to do so will not impact upon the enforceability of the then applicable Terms. If you choose to use our Websites, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and MSP Photography’s rights and obligations to each other.
PRIVACY POLICY
MSP is committed to ensuring the privacy of its clients, their clients and our end users. We will only use your personal information as set out in our Privacy Policy. For full information regarding our privacy management, please refer to our Privacy Policy, which can be accessed here.
SHOOTKEY
You acknowledge that the Shootkey provided to you by MSP is personal to you. That Shootkey will give access to images and personal information. You must not share the Shootkey with any other person. If you share the Shootkey with a third party, then they will have access to images and personal information. We will not be liable to you if you share the Shootkey with a third party or otherwise allow access to the personal information associated with that unique identifying Shootkey.
If you wish to access personal information and your Shootkey has expired, you may make application through the telephone number or email address specified above for the issue of a new Shootkey. We do not guarantee that you will be provided with a new Shootkey. We may require various information including identity documentation and undertakings before a new Shootkey is issued.
PAYMENT TERMS
MSP businesses accept cash and credit card payments. Major credit cards can be used when ordering via our online ordering platforms (including Visa and Mastercard).
MSP engages varied operating models, depending on your region or geography. Accordingly, pricing for the Services may vary depending on your location and the Services engaged by the school.
*Note: Online payments may incur a credit card surcharge. Purchases placed outside the allotted ordering window are also subject to an administration/handling fee.
DISCLAIMER
To the fullest extent permitted by law, MSP absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MSP gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Websites or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in our Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of MSP to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.
LIMITATIONS OF LIABILITY
It is an essential pre-condition to you using our Websites that you agree and accept that MSP is not legally responsible for any loss or damage you might suffer related to your use of the Websites, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, Services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), MSP’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age, or have the consent of your parent/guardian to use our Websites and to purchase any goods or services.
REFUND POLICY
At MSP, we aim for smiles – from students, parents and schools. Quality comes with a 100% satisfaction guarantee. If, for any reason, you are unhappy with the Services, we offer you two options:
1. Contact your local MSP representative to discuss your concerns.
2. Return the product to the local MSP outlet within 14 days of delivery with a note explaining why you are unhappy, and your contact information. We will get in touch with you to organise 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.
THIRD-PARTY PROVIDERS
Our Websites lists third-party associates. We do not give any personal information to any of those third-party associates without the consent of you or your school. You should make your own enquiries about the terms and conditions and the privacy policies for each of those third-party partners and associates.
LINKS TO OTHER WEBSITES
Where our Websites or applications link to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for any third-party-linked websites. We have no control over those websites and will not be liable to you for any loss, cost or damage suffered by you by accessing those websites. You agree that you will make your own enquiry about those websites and those third parties and that we will not be liable to you.
JURISDICTION
These terms of use, their subject matter and their formation, are governed by Australian law. You submit to the jurisdiction of the courts of New South Wales, Australia.
If you have a dispute with MSP or any of our representatives, you should email [email protected]
GENERAL TERMS
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision in these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and MSP agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and MSP, and that it supersedes and cancels all previous written and oral agreements (excluding Client Agreements), communications, and other understandings relating to the subject matter of these Terms.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind MSP in any respect whatsoever.