Related instruments — Document B, the Conditions of Entry and Photobooth Terms, governs entry to a NUFOTO store and use of a Photobooth. Document C, the Privacy Policy, governs the handling of personal information. To the extent of any inconsistency between these Terms and Document B in relation to conduct on the Premises, Document B prevails.
In these Terms, unless the context otherwise requires:
| Premises | Store Operator | ACN |
|---|---|---|
| Nufoto Town Hall | NU Pty Ltd | 668 172 969 |
| Nufoto Haymarket | NU001 Pty Ltd | 687 188 067 |
The Platform is operated by JW Pty Ltd (ACN 687 476 222).
The Store Operators and the operator of the Platform are separate legal entities. A contract for the supply of a Session is formed solely between the User and the relevant Store Operator. Nothing in these Terms constitutes any other entity a party to that contract, nor renders any other entity liable in respect of it.
By registering an Account, or by accessing or using the Platform, the User agrees to be bound by these Terms. A User who does not agree must not register an Account or use the Platform.
By accepting these Terms, the User represents that the User is at least 15 years of age, or that a parent or guardian has registered and manages the Account on the User’s behalf.
An Account is required only for the redemption of Promotional Benefits. An Account is not required in order to use a Photobooth or to obtain Digital Images.
On registration, NUFOTO collects an email address, a password and a display name.
NUFOTO does not collect the User’s legal name, residential address or date of birth. The display name need not be the User’s real name.
The User must maintain a current email address on the Account. The email address is the User’s login credential and the means by which NUFOTO communicates in relation to Account access, refunds and enquiries.
Digital Images are not transmitted to the User by email or SMS. The User obtains Digital Images by scanning the QR code displayed at the Photobooth at the conclusion of the Session.
The User is responsible for maintaining the confidentiality of the User’s login credentials, and must notify NUFOTO at hello@nufoto.studio promptly upon becoming aware of any unauthorised access.
Subject to clause 10, NUFOTO is not liable for loss arising from the User’s disclosure of login credentials to a third party, or from a failure to notify NUFOTO of unauthorised access, except to the extent that the loss was caused or contributed to by NUFOTO.
The User may request closure of an Account at any time by written notice to hello@nufoto.studio. NUFOTO may suspend or close an Account in accordance with clause 6.6.
Digital Images are uploaded to a server at the conclusion of a Session and are made available for download by means of the QR code displayed at the Photobooth.
Digital Images are permanently deleted at the expiry of the Availability Period, being 24 hours from the conclusion of the Session. No backup copy is retained.
The Photobooth and the download page display the time remaining. The User must download the Digital Images within the Availability Period. NUFOTO is unable to recover Digital Images once deleted, and cannot assist with a request made after deletion.
Where a User is unable to download Digital Images by reason of a fault in the Photobooth, the Platform, or the hosting or software services engaged by NUFOTO, the User’s remedies are as set out in clause 10 and in clause 13 of Document B.
NUFOTO is not responsible for a failure to download arising from the User’s own device, network connection or available storage.
“Promotional Benefits” means digital vouchers, discount codes and promotional coupons issued by NUFOTO.
Promotional Benefits are issued as a marketing courtesy. They carry no monetary value, are not transferable, and are not redeemable for cash or credit.
Promotional Benefits expire on the date notified at the time of issue. NUFOTO will state the expiry date clearly at the time of issue. Expired Promotional Benefits are not ordinarily reinstated; NUFOTO will consider a request for reinstatement on reasonable grounds where exceptional circumstances are demonstrated.
The User is responsible for the security of Promotional Benefit codes. Subject to clause 10, NUFOTO is not obliged to replace a code that has been disclosed, published, lost or redeemed by a third party.
Where NUFOTO reasonably suspects that an Account has been used for fraud, or for a serious or repeated breach of these Terms, NUFOTO may suspend the Account and withhold redemption pending investigation.
In such a case NUFOTO will:
NUFOTO may permanently close an Account and cancel Promotional Benefits accrued on it where, following that process, NUFOTO reasonably concludes that fraud or a serious breach has occurred.
The User must not:
All intellectual property rights in the NUFOTO software, user interface, frame designs, branding and Platform content are owned by JW Pty Ltd or licensed to NUFOTO by third-party providers.
Use of the Platform or a Photobooth confers a limited, personal, non-transferable licence to use those services as intended. No ownership interest is transferred.
The User must not reproduce, distribute or commercially exploit NUFOTO frame designs, templates, branding or Platform content without prior written consent. This restriction applies to the design elements applied to an image, and is separate from the User’s rights in the photographic content of that image.
Nothing in these Terms operates to transfer to NUFOTO ownership of the photographic content of Digital Images depicting the User.
NUFOTO reproduces or publishes Digital Images depicting a User only where:
Agreement under paragraph (a) is not a condition of using a Photobooth, and a refusal does not affect the Session or the prints produced.
Agreement may be withdrawn at any time by written notice to hello@nufoto.studio. NUFOTO will cease use and remove the content from its own channels within a reasonable period. NUFOTO is not able to procure removal of copies distributed by third parties.
NUFOTO will obtain separate agreement before using Digital Images in paid advertising.
The provision of an email address in connection with an Account does not constitute consent to receive marketing communications.
NUFOTO sends marketing communications only where the User has expressly opted in. The User may unsubscribe at any time. NUFOTO complies with the Spam Act 2003 (Cth).
Nothing in these Terms operates to exclude, restrict or modify any guarantee, right or remedy conferred on the User by the ACL or by any other law where to do so would contravene that law or render any provision of these Terms void. To the extent that any provision would have that effect, that provision does not apply.
This clause applies to the whole of these Terms.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Subject to clause 10.1, and to the extent permitted by law:
Refunds and remedies in respect of Sessions are governed by clauses 12 to 16 of Document B.
The collection, holding, use and disclosure of personal information, including Digital Images and disclosure to service providers located outside Australia, is governed by Document C — Privacy Policy, available at nufoto.studio/privacy.
NUFOTO may suspend access to the Platform for maintenance, upgrade or security purposes. Where practicable, NUFOTO will give advance notice on the Platform.
NUFOTO may vary these Terms. Where a variation materially affects the rights of Users, NUFOTO will publish the varied Terms at nufoto.studio and give not less than 14 days’ notice before the variation takes effect, by notice on the Platform and, where the User holds an Account, by email to the address recorded on that Account.
A User who does not accept a variation may close the User’s Account before the variation takes effect. A variation does not apply to a Session already paid for at the date the variation takes effect.
Variations of a minor or administrative character take effect upon publication.
Where a provision is held invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.
A failure or delay in exercising a right under these Terms does not operate as a waiver of that right.
These Terms, together with Documents B and C, constitute the entire agreement between the parties in relation to their subject matter.
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.