Terms and Conditions

Terms and Conditions

Welcome to the Fujifilm Wonder Photo Shop (App) provided to you by Fujifilm NZ Limited (Fujifilm), with support from Fujifilm Australia Pty Limited, which provides you with access to a number of services that may be used in accordance with these Terms and Conditions (Terms), including without limitation:

•                the ability to order prints of digital images that have been uploaded to the App;

•                the ability to design and order photo books or other photo products; and

•                other services offered by Fujifilm through the App from time to time,

(together, the Service).

Unless stated otherwise, your use of the App, its content and the Service (including any new features or services that are added to the App from time to time) are automatically subject to these Terms.

When you register as a member of the App and use the App, you agree to be bound by these Terms. These Terms may be updated or changed from time to time and you should therefore check them regularly as revised Terms displayed on the App from time to time will apply to your use of the App, its content and the Service.  Your continued use of the App indicates your acceptance of any changes to the Terms.

Please read these Terms carefully. Acceptance of the Terms creates a binding legal agreement between you and Fujifilm that, in consideration of Fujifilm providing the App and permitting you to access and use it, you will comply with the Terms and will use the App and the Service in a manner that is strictly consistent with these Terms. If you do not agree with these Terms, do not access the App or any of the Services.

In the case of any inconsistency between these Terms and any other information provided to you by Fujifilm these Terms will always prevail.

1.              Becoming a Member

You become a registered member of the App (Member) once you complete a membership application by providing your name, address, chosen password, telephone number, email address (which must be a genuine email address) and after you receive an email confirming your membership. Once you are a Member, Fujifilm will enable you to use all of the Services described in the App for Members subject to these Terms. Fujifilm only permits one membership for each email address. 

 

As a member you will be entitled to free, unlimited storage of your Photos and Materials provided your membership remains active. As a new member, you will receive 1 Years free storage from the date of activation of your membership account. Your membership account will remain active provided you make an Order at least once every 1 Years. From the date each Order is received, your membership will be credited with free storage for a further 1 Years. Maximum free storage at any point in time is 1 Years.

2.              Your password and account

You are responsible for maintaining the confidentiality of your password and account details. You must notify us immediately if you become aware of any breach of security or any unauthorised use of your membership account.  You are solely responsible for all activity under your account in respect of the App.   If you have forgotten your password, you may reset your password using the App and we will email your password to you. Fujifilm will keep you informed of the status of your account during your membership via your email address.

Sharing Member access protocols is expressly prohibited.  Sharing access protocols may, in Fujifilm's sole discretion, result in immediate termination of the Service to you.  Fujifilm and its service providers will electronically monitor your use of the App to ensure that only Members gain access to the App.  Fujifilm reserves the right to control access to the App by Members.

3.              Grant of licence

Fujifilm grants you, as a Member, the right to access and use the App and the Service, such right being non-exclusive and non-transferable and is limited by these Terms.

4.              Fees and payment

You agree to pay all fees and charges (including, but not limited to, delivery or freight charges) incurred in connection with your orders for each Service.  Payment is to be made via Paypal as specified on the App, or as otherwise specified on the App from time to time.  An electronic sales order confirmation will be sent to your email address once your order has been captured into Fujifilm’s system.

5.              Delivery

Fujifilm will arrange for your order to be shipped within 7 working days of receipt and payment of your order to the delivery address supplied by you during the order process.  Time for delivery is an estimate only and it is not a condition of this agreement.  Delayed delivery is not a basis for cancellation of the order.  Fujifilm is not responsible for New Zealand Post delivery or other third parties.

6.              Service

Fujifilm does not accept any amendments or changes to be made to the file of your photos or images once the file has been uploaded to the App.  Therefore it is your responsibility to check proofs thoroughly before uploading anything to process for a photo book, prints or other photo products.  Fujifilm is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammatical errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. 

Once you have placed an order for any Service via this App, the order will not be treated as having been accepted until you receive confirmation from Fujifilm that this is the case.  This confirmation may be made by email or post.  The decision as to whether to accept any order from you is entirely at Fujifilm's discretion.

In the event that prints, photo book or a photo product are produced and then discovered to be in contravention of these Terms, Fujifilm will not dispatch the prints, photo book or photo product to you.  Fujifilm may, at Fujifilm's sole discretion, refund all or a proportion of the payment made in respect of such an order but reserves the right to charge the full price as if the relevant products had been dispatched.

7.              Returns

If an order arrives damaged, please email Fujifilm's customer service team at ffnz.sales@fujifilm.com  and quote your order number (you will receive this number after a successful transaction at the App). Fujifilm will let you know whether you need to return the item to it, the acceptance of defective goods being at Fujifilm's sole discretion. If you do need to make a return, simply send your order in the original packaging, along with the Order Summary to the following address:

Fujifilm NZ Limited

Cnr Bush Road & William Pickering Drive,

Albany,

Auckland.

In such circumstances, Fujifilm will refund your account when it receives your return.

8.              Your copyright

Generally under copyright laws, the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to Fujifilm that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs to use such images or photographs which, using the Service, you upload via the App.

Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfil print orders made for your images and photographs, you grant to Fujifilm (and any of its third party service providers) a perpetual, world-wide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.

9.              Copyright claims

Fujifilm respects the intellectual property rights of others. In the event that Fujifilm receives a written complaint alleging copyright infringement by a Member, it will refer the complaint to the Member concerned. Fujifilm also reserves the right to disclose your identity to any third party that is claiming that any content uploaded by you to the App constitutes a breach of their intellectual property rights, or of their right to privacy.  It is the Member's responsibility to resolve any such complaint. Should the Member not resolve the complaint satisfactorily and advise Fujifilm, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the Member (the Referral Date), Fujifilm reserves its right, in Fujifilm's absolute discretion, to suspend that Member's membership until such time as the matter is resolved. If Fujifilm has not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, Fujifilm reserves the right, in Fujifilm's absolute discretion, to terminate the Member's membership.

10.           Intellectual Property Rights

Fujifilm either owns or has the right to use the copyright, trade marks and general rights akin to those rights in any jurisdiction with respect to the App, its content and the Service (Fujifilm's IP). In addition, Fujifilm has the right to use its trade marks and other intellectually property in any jurisdiction with respect to the App, its content and the Service. You acknowledge that you have no claim or interest in Fujifilm's IP other than in relation to those rights expressly provided to you either in these Terms or in any other written agreement which you may have with Fujifilm.

You must not, nor permit any other person to, copy alter, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of Fujifilm's IP (as the case may be) prior written consent, or do any act that would or might invalidate or be inconsistent with Fujifilm's IP, unless such copying, reproduction or use is required for the purpose of using the App, its content or the Service in the manner in which they are intended to be used.

You must notify Fujifilm of any actual, threatened, or suspected infringement of Fujifilm's  IP and of any claim by any third party that any use of the App or the Service infringes any rights of any other person, as soon as that infringement or claim comes to your notice.  You shall (at Fujifilm's expense) do all such things as may reasonably be required by Fujifilm to assist Fujifilm in pursuing or defending any proceedings in relation to any such infringement or claim.

11.           Your Responsibilities

While using the App, any content on the App or any part of the Service, you must:

11.1.      comply with these Terms and any other agreements which you may have with Fujifilm;

11.2.      make sure all information which you supply to Fujifilm is current, complete, accurate and provided for in a timely manner;

11.3.      comply with all applicable laws, regulations, standards and codes in any jurisdiction;

11.4.      not damage or disrupt the App, its content or any Service;

11.5.      not access, use or interfere with anybody else's Service or email or other communications which are not intended for you; and

11.6.      not use the App, its content or any part of the Service to:

11.6.1.  infringe copyright or any other intellectual property right held by Fujifilm, any other customer, any advertiser or any other person in any jurisdiction;

11.6.2.  engage in any activities in such a manner as to expose Fujifilm or any other third person who is involved in making the Service available to you, to liability or to adversely affect the name, reputation or business of Fujifilm or any such third person;

11.6.3.  send spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;

11.6.4.  abuse, defame, threaten, stalk or harass others;

11.6.5.  send objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;

11.6.6.  run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;

11.6.7.  introduce any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with Fujifilm, the App or anyone else's network or computer system; or

11.6.8.  use or run any software or device which may interfere with the App or the Service which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means.

 

12.           Prohibited materials and content

Whenever you make use of a Service that allows you to upload photos or images to the App, you must comply with the content standards set out in these Terms. You warrant that any such contribution complies with those standards, and you indemnify Fujifilm in relation to any breach of that warranty.  You acknowledge that any image or photograph submitted by you to the App or a Service is subject to Fujifilm's review, however, Fujifilm has no obligation to monitor or moderate content.

Fujifilm reserves the right, at Fujifilm's sole and absolute discretion, at any time and without notice to you, to refuse to display, to edit, or to remove images or photographs from the App or a Service deemed to be objectionable by Fujifilm or considered by Fujifilm to be contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by Fujifilm to law enforcement authorities if, in Fujifilm's sole judgment, such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading of any image or photograph the content of which Fujifilm believes:-

12.1.      is offensive, inappropriate, defamatory, abusive, racist, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or in any way unsuitable for persons under the age of 18 years;

12.2.      advocates any illegal activity or is illegal under any law or regulation at any place where the images or photographs are posted or uploaded from, viewed from, received from, or infringes any industry code of conduct;

12.3.      is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person;

12.4.      violates or otherwise encroaches on the rights of others including their right to privacy;

12.5.      contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;

12.6.      in Fujifilm's  opinion, might adversely affect the reputation or business of Fujifilm or the Service.

13.           App Commitment

Fujifilm will endeavour to keep the App and its contents up to date and accurate.  However, it makes no representation or warranty (whether express or implied) that the content displayed on the App is up to date or accurate. 

Information within the App may change from time to time.  While every effort will be made to ensure that the information contained on the App is accurate and up to date, Fujifilm makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in the App, or that it will meet your requirements or that it will be suitable for your purposes nor does Fujifilm assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in the App.  You should make your own inquiries and seek independent advice before acting or relying on any information or material which is made available to you pursuant to any information contained on the App.

14.           Operation of the App

Fujifilm may change the format and content of the App or the Service at any time.  Fujifilm may terminate or suspend the operation of this App (or terminate or suspend the provision of any Service) for support or maintenance work, in order to update the content or for any other reason.  Fujifilm may do this at any time and without notice.  You are advised to keep backups of all material provided to Fujifilm.  In particular, it is up to you to keep backup copies of images uploaded by you or emailed or posted to Fujifilm.  Fujifilm will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.

15.           Disclaimer of warranty and limitation of liability

 

15.1.      If you use the App, its content or any part of the Service for purposes other than in relation to a business, Fujifilm accepts that you have may rights under the Consumer Guarantees Act 1993.  If you use the App, its content or any part of the Service for business purposes, then that Act does not apply.  Nothing in these Terms is intended to affect any rights which you may have under such legislation which Fujifilm is unable by law to exclude or limit in accordance with these Terms.

15.2.      To the extent permitted by law, the Service and all products provided by Fujifilm to you are provided 'as is' with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability, non-infringement and fitness for a particular purpose are expressly disclaimed. You acknowledge that access to the App, and use of the Service is at your own risk.

15.3.      Fujifilm will endeavour to allow you access to the App, however it makes no representation or warranty (whether express or implied) that the App or any Service will:

15.3.1.  operate on a continuous or fault free basis, or at any particular time or location;

15.3.2.  be secure or private; or

15.3.3.  be free of viruses or other harmful features.  In particular, you acknowledge that you must take your own precautions to ensure that your use of the App or the Service does not compromise the security of your computer of any mobile or communication device.

15.4.      Fujifilm is not responsible for:

15.4.1.  any device or other equipment which is not owned or supplied by Fujifilm; or

15.4.2.  any use of the App or any Service which is inconsistent with the directions or instructions for use or which is contrary to these Terms.

15.5.      Fujifilm disclaims any warranties for the security, reliability, timeliness and performance of the Service. Fujifilm disclaims any liability in relation to the acts or omissions of any third parties in relation to any default by them in relation to the provision of or access to, the App, its contents or any Service.

15.6.      FUJIFILM (INCLUDING FUJIFILM'S OFFICERS, EMPLOYEES OR AGENTS) WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER BASIS TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD ARISING FROM THE:

 

15.6.1.  USE, OR ABILITY TO USE OR NAVIGATE THE APP;

15.6.2.  THE CONTENT OF THE APP;

15.6.3.  THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION TO THE SERVICE;

15.6.4.  AMENDMENT TO THESE TERMS FOR ANY REASON, OR THE TERMINATION OF YOUR MEMBERSHIP;

15.6.5.  ANY LATE OR NON DELIVERY OF YOUR ORDER;

15.6.6.  UNAUTHORISED USE OF YOUR PHOTOGRAPHS OR IMAGES BY A THIRD PARTY,

AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

15.7.      If, notwithstanding the above, a court of competent jurisdiction holds Fujifilm (or any of Fujifilm's officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, Fujifilm's total aggregate liability will be limited to, at Fujifilm's option, the replacement of an equivalent amount of unexposed film and processing, replacement uploading to the relevant Service, reprinting an image for you or giving you a refund of any monies paid by you to Fujifilm relating to the relevant Service.

 

15.8.      You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the App or the Service.  You are also liable for losses where any act or omission of yours has contributed to causing those losses.

 

15.9.      YOU SHALL INDEMNIFY FUJIFILM (INCLUDING ITS OFFICERS, EMPLOYEES  OR AGENTS) FROM AND AGAINST ALL CLAIMS, COSTS (INCLUDING SOLICITOR AND CLIENT COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY FROM ANY CONTENT YOU SUBMIT ON THE APP, YOUR USE OF THE APP OR ANY SERVICE, YOUR BREACH OF ANY OF THESE TERMS OR ANY OBLIGATION THAT YOU MAY HAVE TO US OR BY ANY OTHER PERSON ASSESSING THE SERVICES AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

 

16.           Disclaimer of advertisements

Responsibility for the content of advertisements appearing on the App (including hyperlinks to advertisers own web sites) rests solely with the advertisers which are the sole responsibility of advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by Fujifilm of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

17.           Disclaimer of other sites

Links to web sites outside of the App are provided as a convenience to you.  Fujifilm does not necessarily endorse the content of such third party web sites or publications.  Fujifilm makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor does it assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links. 

18.           Breach of these Terms

Fujifilm reserves the right, in Fujifilm's sole discretion, to suspend or terminate your membership without notice if you breach any of these Terms or any other agreement which you may have with Fujifilm.  Such suspension or termination may include the removal or deletion of your materials from the App.

When Fujifilm considers that a breach of these Terms has occurred, Fujifilm may at Fujifilm's discretion take such action as Fujifilm deems appropriate. For any material breach of these Terms this may result in Fujifilm taking all or any of the following actions:

18.1.      immediate, temporary or permanent withdrawal of your right to use the App or any Service;

18.2.      issue of a warning to you;

18.3.      legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

18.4.      further legal action against you; or

18.5.      disclosure of such information to law enforcement authorities as Fujifilm reasonably feels is necessary or as required by law.

Fujifilm excludes Fujifilm's liability for all action Fujifilm may take in response to breaches of these Terms. The actions described above are not limited, and Fujifilm may take any other action Fujifilm reasonably deems appropriate.

Any of the terms in these Terms capable of survival (such as the liability and indemnity provisions) will survive any termination of your access to the App.

You may terminate your account by contacting Fujifilm via email or post.  You may be asked to provide further proof that you are the holder of the account.  Your account will be terminated as soon as reasonably practicable following receipt of your email or letter. 

19.           Governing Law

This agreement shall be governed by the laws of New Zealand and the parties submit to the jurisdiction of the Courts of New Zealand. 

20.           Force Majeure

A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes or other industrial failure, internet failure, riots, hostilities, revolutions, national emergency, explosions, civil commotion, embargoes, fire, flood, earthquake, volcanic eruption or other force of nature or 'Act of God'.

21.           Severability

If any court of competent jurisdiction finds any provision or part thereof of these Terms to be illegal, invalid or unenforceable, that provision or part thereof shall be severed from these Terms and the remaining terms shall remain in force and constitute the Terms between Fujifilm and you with respect to use of the App, its content and the Service .

22.           Entire Agreement

These Terms constitute the entire agreement between Fujifilm and you with respect to the use of the App, its content and the Service.

23.           Waiver

The failure by Fujifilm to enforce any right or provision of these Terms will not constitute a waiver of the right or provision.

24.           Privacy

 

24.1.      The privacy of your personal information is important to us. You agree that data provided by you during the ordering process and certain other information about you will be processed in accordance with these Terms.

24.2.      We may collect your personal information, including your name, address, email address  and telephone number (as applicable) for the following purposes:

24.2.1.  to process, fulfil and follow up on any order, Service or queries;

24.2.2.  for the purpose of providing you with promotional material on our other services and special offers by email or other promotional means; and

24.2.3.  to provide you with information on any order or Service.

24.3.      We will strive to keep information accurate and you are able to access any personal information stored by us about you by contacting us, so that you can update or correct it, in one of the following ways:.

24.3.1.  By phoning us at 09 414 0400 and asking to speak with our Privacy Officer.

24.3.2.  By sending an email to ffnz.sales@fujifilm.com

24.3.3.  By sending a letter to Fujifilm NZ Limited, Cnr Bush Road & William Pickering Drive, Albany, Auckland, New Zealand.

24.4.      We will not sell, rent or lease your personal information to others. We will not share your information with business partners without first letting you know, and securing your permission. 

24.5.      If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms and other agreements; or to protect the rights, property, or safety of our customers, or others, we may make such disclosure.

24.6.      All information you provide to us is stored on secure servers. We take all steps reasonably necessary to ensure your data is treated securely and in accordance with these Terms.  We will endeavour to place all appropriate physical, electronic and managerial procedures in place to safeguard the security of your information.

When you place an order, your personal information is collected using secure encryption.  Although we will do our best to protect your personal data, we cannot guarantee the security of your transmitted data; as such any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

24.7.      You have the right to ask us not to process your personal data for marketing purposes. You can exercise this right at any time by contacting us in one of the ways specified in clause 24.3.

24.8.      By using the Service, you consent to our collection and use of this information in accordance with these Terms.

25.           Notices

All notices to Fujifilm should be sent to Fujifilm NZ Limited, Cnr Bush Road & William Pickering Drive, Albany, Auckland, New Zealand or emailed to Fujifilm at ffnz.sales@fujifilm.com