. . .
. Terms and Conditions of use of this website

Your access to, browsing and/or use of this site are subject to the following Terms & Conditions, any other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and Export Controls laws. By entering and using this site, you accept and agree to be bound by the above and the following Terms & Conditions. If you do not agree with these Terms, do not access or use the Service.

1. Content and Accuracy of Information. While PhotoWiz.com.au (PhotoWiz) takes reasonable steps to ensure that the information, images, text or links (the Information) contained in this site are accurate and complete, PhotoWiz makes no representations or warranties as to the completeness or accuracy of the Information. PhotoWiz hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this site generally.

2. Copyright Notice. It is considered illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this site is copyrighted and may not be used or copied by you except as explicitly provided in this site, or by applicable law or otherwise without the express prior written consent of PhotoWiz or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this site without the express prior written permission of PhotoWiz or the copyright owner. You may download and print images and text from this site only for your private, non-commercial use. Any other use requires the prior consent of PhotoWiz or the copyright owner. YOU ALSO REPRESENT THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

3. Images. Any images contained in or displayed by PhotoWiz on this site, other than as submitted by you, are the property of PhotoWiz or are used by PhotoWiz with the consent of the copyright holder and persons if any, appearing in such images. Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of PhotoWiz or the copyright holder is prohibited. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

4. Pornographic and Obscene Materials. You are hereby advised that any images submitted by you are subject to review and examination by PhotoWiz. Any and all images are, of course subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any perceived violations of law will be reported by PhotoWiz to applicable law enforcement authorities. PhotoWiz reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by PhotoWiz.

5. Intellectual Property. Any trademarks, tradenames, logos, and/or service marks displayed on this site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.

6. Terms of becoming a Customer. PhotoWiz services are available to you if you are at least 13 years of age and have submited certain requested information to PhotoWiz, including your name and correct email address thereby becoming a customer of PhotoWiz. In addition, by becoming a Customer, you will provide PhotoWiz with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).

7. Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PHOTOWIZ, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "PHOTOWIZ AFFILIATES") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

8. Fees and Charges All fees and charges associated with products and services on PhotWiz are subject to change without notice. PhotoWiz will bill your credit card in repect of all orders made for products and services listed on this website. You are responsible for all charges for items you order on the site.

PhotWiz can not collect nor do we store any credit card information in any way whatsoever. PhotWiz only transfers credit card information to an approved Commonwealth Bank internet gateway for the sole purpose of completing an on-line transaction using high level secure encryption.

9. Limited Warranty

(A) No Liability for Content. IN NO EVENT WILL PHOTOWIZ OR PHOTOWIZ AFFILIATES BECOME LIABLE FINACIALY OR OTHERWISE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PHOTOWIZ WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, PHOTOWIZ'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PHOTOWIZ TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.
(C) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTOWIZ AND PHOTOWIZ AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOWIZ MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. PHOTOWIZ MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER LAW, PHOTOWIZ WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. Choice of Law. This agreement shall be governed by the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of the Courts of Victoria, Australia.  These Terms and Conditions of Use constitute the entire agreement between you and PhotoWiz with respect to the use of this Service.  If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us. The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision. All prices quoted are in Australian dollars, and unless otherwise indicated do not include GST.

12. Modification of Terms. PhotoWiz reserves the right to amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by PhotoWiz will be prospective only.

13. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and PhotoWiz governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms and Conditions will always control. You may also be subject to additional terms and conditions that may apply when you use PhotoWiz Affiliate services, third-party content, or third-party software.

The failure of PhotoWiz to exercise or enforce any Terms and Conditions will not constitute a waiver of such Terms and Conditions. If any Terms and Conditions are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms and Conditions will be filed within one year after such claim or cause of action arose, or be forever barred.


 .
. .The PhotoWiz website is owned and operated by ProPhotological
Effective as of March 2006
 .
. . .
Web Site by Zelman Lew Design