Website terms and conditions
In these terms and conditions, “we”, “us” and “our” means Wall2Wall Photos & Photography of Brisbane, Qld 4000. Please read these terms and conditions carefully as they apply to your use of the wall2wall.photos website (the “website”). By accessing or using the website you agree to be bound by these terms and conditions.
We may revise these terms and conditions from time to time by updating this posting. the revised terms will take effect when they are posted.
Licence to use the content on the website
(a) you acknowledge that the website is subject to copyright and possibly other intellectual property rights (“intellectual property rights”).
(b) we grant you a limited, non-transferable licence to access and use the website solely for your personal, non-commercial purposes.
(c) we (or our licensors) retain all right, title, and interest in and to the website, and nothing you do on or in relation to the website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
(d) except as provided in these terms and conditions, permission to reprint or electronically reproduce the website in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at https://wall2wall.photos if you wish to obtain such consent.
(e) subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the website without notice.
Linking to this website
(a) we encourage you to provide links to this website. While you may use the name “wall2wall.photos” in the text of any such link, you may not use the Wall2Wall Photos & Photography logo or any of our other graphics without our prior written consent.
(b) you must not frame this website, or represent or imply that any part of the website belongs to anyone other than us.
(c) if we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.
General restrictions
In using the website, you must not:
(a) violate any applicable laws;
(b) use the website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights;
(c) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(d) collect or store personal data about other users of the website; or
(e) engage in any other conduct that inhibits any other person from using or enjoying the website.
Warranties and liability
(a) you may have rights under the statutory consumer protection laws, including the competition and consumer act 2010 (cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability in paragraphs (d), (e) and (f) below, apply subject to any rights you may have under such laws.
(b) you expressly understand and agree that your access to and use of this website is at your sole risk and that the website is provided “as is” and “as available”. In particular, we do not represent or warrant to you that:
(i) your access to and use of the website will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgment to evaluate the website and that you are satisfied as to the suitability of the website to meet your requirements);
Or
(ii) your access to and use of the website will be uninterrupted, timely, secure or free from viruses or errors.
(c) without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness, or non-infringement of third party rights.
(d) if any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, common law or otherwise) and cannot be excluded (a “non-excludable term”), and we are able to limit your remedy for a breach of such a non-excludable term, then our liability for such a breach of the non-excludable term is limited to one or more of the following at our option:
(i) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
(e) subject to our obligations under the non-excludable terms, and to the maximum extent permitted by law, our maximum aggregate liability for all claims arising under or in relation to this agreement, or otherwise as a result of your access to and use of this website, is limited to $10. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(f) subject to our obligations under the non-excludable terms, and to the maximum extent permitted by law, in no event are we liable under or in relation to this agreement or its subject matter for any indirect, special or consequential loss or damage or for any loss of goodwill, opportunities, anticipated savings or profits.
(g) the limitations and exclusions in paragraphs (e) and (f) apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity, or on any other basis.
(h) you agree to indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach or failure to comply with any laws, or your misuse or infringement of any rights (including intellectual property rights) of a third party.
Variation of the website
We may from time to time and without notice, vary, modify or discontinue temporarily or permanently, any or all of the website, products and features.
Links and advertisements
We have not reviewed any of the sites linked to the website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the website. The inclusion of any link does not imply that we endorse the linked site.
Privacy Policy
In using the website, you may give us personal information in which you have certain rights. By using the website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms and conditions.
Payment
We accept payment by Paypal or Crypto Currency payments by Coinbase. When paying by Paypal or Coinbase, you are subject to their terms and conditions. We will not be held responsible for any loss, in any form you may suffer by using these services.
Order Processing
Orders are processed automatically and a download link will be provided.
Competitions
Our promotions are open to residents of Australia.
By entering a promotion, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Instructions to enter a promotion will be detailed in the Facebook/Instagram post by wall2wall.photos. These instructions form part of these terms and conditions.
Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
Closing date for entry will be detailed in the Facebook/Instagram post by wall2wall.photos relevant to the promotion. After this date no further entries to the promotion will be permitted.
No responsibility can be accepted for entries not received for whatever reason.
wall2wall.photos reserves the right to cancel or amend any promotion and these terms and conditions without notice.
wall2wall.photos are not responsible for inaccurate prize details supplied to any entrant by any third party connected with this promotion.
The prize is as stated in the Facebook/Instagram post by wall2wall.photos and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability.
Winners will be chosen at random by software, from all entries received and verified by wall2wall.photos.
The winner will be notified by DM on Facebook or Instagram within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
wall2wall.photos will arrange with the winner a mutually agreeable time, when and where the prize can be performed.
wall2wall.photos decision in respect of all matters to do with the promotion will be final and no correspondence will be entered into.
The promotion and these terms and conditions will be governed by Queensland law and any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.
The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and our Privacy Policy and will not be disclosed to a third party without the entrant’s prior consent.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to wall2wall.photos and not to any other party. The information provided will be used in accordance to our Privacy Policy.
NFT’s
This is a mechanism of being able to own an image outright including all licensing rights.
(a) All NFT’s or Non-fungible Tokens are an exclusive purchase made on a first come first served basis. That is to say if an image is purchased as an NFT, it will be immediately withdrawn from our website, the source file archived and no longer available for sale in any form.
(b) We will not remove the image for sale until the purchase of the NFT has been complete and funds released from Escrow.
(c) When you purchase an image as an NFT, it becomes a tangible asset that you can onsell or use as you please for the duration of ownership. You then own all image rights and licensing.
(d) Purchasing an NFT does NOT give you a right to or license to our intellectual property of that image.
(e) When selecting the image option for NFT on your choice of image, the fee displayed and charged is a processing fee only and NOT REFUNDABLE.
(f) In most circumstances you will be the only purchaser of the image. In the rare event that it has had a license purchased by someone else prior, you agree to their license to that image at the time of purchase and their ongoing right to the license.
(g) We will not be held liable for any loss or damage suffered by your purchase of an NFT at any time to the fullest extent at law.
(h) We offer no guarantee to the value of the NFT after purchase.
(i) All our NFT’s are sold at a flat rate of 0.0688 Ethereum.
(j) All NFT sales are final, WE DO NOT OFFER REFUNDS ON NFT’s.
Return & Refund Policy
As our products are personalised, we do not accept returns or provide refunds, so please choose carefully. If there is physical damage to your purchase, we will replace it, at our sole discretion.
Force majeure
Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
General
(a) if any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) these terms and conditions are governed by the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
(c) these terms and conditions constitute the entire agreement between us and you in relation to the website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the website.
(d) your use of the website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the website, including sending you electronic notices.
(e) the provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
(f) the word “including” when used in these terms and conditions is not a term of limitation.