General Terms and Conditions
The website www.camerahouse.com.au is
owned and operated by Raleru Limited [ABN 52 002 575 340].
Raleru Limited also includes its member stores located around
Australia, noting that each store has its own individual ABN
separate to that of Raleru Limited.
All products listed on the website are described to the best of
our ability and the specifications reflect the information that has
been provided to us. All care is taken to ensure this information
is correct, but we cannot eliminate the possibility of human
In these General Terms and Conditions for use of the Camera House
Website "we", "our" and "us" means Raleru Limited trading as Camera
House and "our website" means the URL www.camerahouse.com.au and "you" and "your"
means you, the customer.
E-mails and Other Online Communications
When you visit our website or send e-mails to us, you are
communicating with us electronically. By using the website we and
you consent to receiving communications electronically. We will
communicate with you by e-mail or by posting notices on this
website. We and you agree that all electronic communications
between us of agreements, notices, disclosures or other information
satisfy any legal requirement that such communications be in
Subscribing and Unsubscribing to our E-mail List
Registering on www.camerahouse.com.au
allows users to be included in our email mailing list. Our emails
include information on special offers, competitions, new product
arrivals and other communications. You can subscribe by registering
on the homepage, on the checkout page. Alternatively you can
purchase products without registering, simply select that option at
Every marketing or other e-mail we send has an unsubscribe option.
Simply unsubscribe by following the link at the bottom of our email
communications. Users will be removed from our mailing list once
the unsubscribe option is selected.
Cookies and Web Beacons
A cookie is a small text file that is stored on a user's
site. We use session ID cookies to make it easier for you to
navigate around our site. A session ID cookie expires when
you close your web browser. If your computer is set to reject
cookies, you may still use our site, but your ability to use some
of the areas of our site will be limited. Cookies could
possibly be tracked for up to 30 days.
Some of our business partners (such as our tracking utility
activity. We have no access or control over these tracking
Copyright and Other Intellectual Property Rights
Camera House owns the trade mark "CAMERA HOUSE" and reserves all
rights in relation to it.
Any other intellectual property rights, including graphics, logos,
trademarks, design, text, icons, the arrangement of them, sound
recordings and all software relating to www.camerahouse.com.au are
owned by us, or in some cases a third party. These
intellectual property rights are protected by Australian and
international laws. You should assume that all of the content
made available to you through this website is owned by Camera House
or by third parties and is protected by copyright or other
Nothing contained on www.camerahouse.com.au
is to be interpreted by you as a recommendation to use any
information on this website in a manner which infringes the
intellectual property rights of any person, company or
entity. We make no representations or warranties that your
use of the information on this website will not infringe such
intellectual property rights.
You may view www.camerahouse.com.au and its
contents for personal and non commercial use only and subject to
the Copyright Act 1968 (Cth) and similar legislation, you may not
in any form or by any means reproduce, modify, distribute, store,
transmit, publish or display within another website or create
derivative works from any part of www.camerahouse.com.au or commercialise any
information contained from any part of the website without our
prior written permission or, in the case of third parties, from the
owner of the copyright of that material.
To purchase from us you must establish an account on this
website ("your membership account").
We retain absolute discretion to refuse to allow your membership
account to be established, to terminate your membership accounts
and to remove or edit content where your membership account has not
been kept in accordance with these terms and conditions.
You are responsible for the confidentiality of your membership
account password. Your password and account details are stored on a
secure server for ease of use in processing future orders or for
You must notify us immediately if you become aware of any breach
of security or unauthorised access or use of your membership
account. You are solely responsible for the activity that
occurs on your membership account.
We use the eWAY Payment Gateway for our online credit card
transactions. eWAY processes online credit card transactions
for thousands of Australian merchants, providing a safe and secure
means of collecting payments via the internet.
Please refer to our Terms & Conditions below for Online
Purchases for further information.
the personal information of individuals who create a membership
account and / or conduct online purchases from our website.
This web site is subject to the National Privacy Principles under
the Australian Privacy Act 1988 (as amended by the Privacy
explains in general terms how we protect the privacy of your
personal information under the National Privacy Principles. It will
apply to any personal information you provide to us when creating a
membership account or transacting with us.
We respect your privacy and are committed to protecting your
personal information. We do not disclose confidential information
about you except as required to provide our services, with your
consent or as required or permitted by law.
Collection of Your Personal Information
Personal information about you is used strictly for limited
purposes. From time to time, we will collect information
about you such as your name, server address, domain name, contact
details, occupation, title, the date and time of your visit and the
information downloaded concerning the matters on which you seek our
services. This information is collected when you give it to
us directly, when you use our services or when you visit our
Use of Your Personal Information
The personal information we collect about you is primarily used
for the purpose of processing your order and communicating
effectively with you about:
- Returns and exchange authorisations;
- Order confirmation;
- Sending you tax invoices;
- Delivering the products you have purchased online;
- Providing you with dispatch and tracking information with
regard to your online order(s);
- Providing you with pick up details and tracking information
with regard to your store pick up order(s);
- Sending you e-mail newsletters containing special offers;
- Administering your account; and
- Servicing our relationship with you.
You may also sign up to receive periodic e-mail newsletters
letting you know of our latest specials. If at any time you
decide you do not want to receive or continue to receive additional
information from us, please refer to the heading "Subscribing and
Unsubscribing to our e-mail marketing List contained within these
There is an option to subscribe to the e-mail newsletter as part
of any online transaction you conduct with us.
If you do not wish to provide us with personal information, we may
be unable to properly provide you with the products, services,
information and/or warranties that you require.
Disclosure of Personal Information
We will not disclose or share your personal information with our
business partners unless you give Camera House your specific
permission to do so. However, from time to time we may send
you material from our business partners. If you choose to
accept those promotional offers or provide your information to
those third parties, that is your choice.
We may, however, use or disclose your personal information to
third party organisations for purposes relating to the management
of your membership account with us. Such organisations
- Service providers who manage the services we are able to
provide you with;
- Mailing systems which facilitate delivery of the products you
have purchased with us;
- Live help service providers;
- Maintenance and repair services;
- Market research; and
- Our professional advisers such as lawyers, accountants and
Please be assured that we require these organisations to observe
strict confidentiality obligations with regard to your personal
information and are also bound to adhere to the National Privacy
Principles. These third party service providers are not
permitted to use your personal information for their own marketing
Other than described above, we will not use, sell or disclose
your personal information without your consent. We endeavour
to take all reasonable steps to keep secure any information which
we hold about you and to keep this information accurate and up to
We have robust systems and procedures in place to protect your
privacy and your information is stored in secure servers. We
are continually upgrading these systems and reviewing our
procedures to ensure the highest standard of security is used to
protect your personal information.
We use the eWAY Payment gateway for our online credit
transactions. eWay is an authorised third party processor for
all major Australian Banks and all transactions are performed under
a 128 Bit SSL Certificate and encrypted for storage within eWAY's
bank-grade data centre.
However, notwithstanding the highest standards of care that we
take with security, we cannot be held responsible for events
arising from unauthorised access to your personal information.
We may, from time to time, engage third party contractors to carry
out work for us. Third party contractors are prohibited from
using collected personal information about you, except for the
specific purpose for which that personal information has been
supplied by us to the contractor.
You have a right to access your personal information that Camera
House collects and holds about you. If you wish to see your
personal information, change or update your details or have any
The Privacy Officer:
Raleru Limited (trading as Camera House)
4/108 Old Pittwater Road
BROOKVALE NSW 2100
Telephone: 02 8978 8700
Facsimile: 02 8978 8740
Resolving Your Concerns
If you have any concerns with, or do not understand, our
websiteTerms and Conditions we encourage you to contact us
Our contact details are below and we will respond to your query as
soon as possible.
Post: PO BOX W386
Changes to General Terms and Conditions
Because of frequent changes in internet technology and
applicable law we reserve the right to make changes to these
General Terms and Conditions at any time that technology and legal
changes require. You should check these Terms and Conditions
regularly for such changes.
This website may contain links to, or frame, websites of third
parties ("external sites") which Camera House is not required to
maintain or update.
Any links to, or framing of, external sites should not be
construed as any endorsement, approval, recommendation or
preference by Camera House of the owners or operators of the
external sites, or for any information, products or services
referred to on the external sites unless expressly indicated on
Camera House makes no warranties and accepts no liability in
relation to material contained on external sites.
This clause isnot intended to exclude or limit any rights which
you may have under the Trade Practices Act 1974 (Cth) or equivalent
State or Territory laws.
Except where to do so would otherwise cause any part of these
Terms to be illegal, void or unenforceable, we exclude all
conditions and warranties implied into these Terms &
We do not accept responsibility and we disclaim liability for any
loss, damage or injury (including negligence), howsoever caused,
which you may directly or indirectly suffer (or allegedly suffer)
in connection with use of this website. This limitation
includes, but is not limited to, consequential damages,
interruption of business, loss of data, income or profit, loss of
or damage to property, and third party claims.
In addition, www.camerahouse.com.au, its
affiliates and information providers do not warrant or guarantee
the timeliness, accuracy or completeness of any information or
advice contained on this website and will not be held liable for
any errors, inaccuracies or omissions or other defects within any
such information or advice or for any claims or losses arising
Limitation of Liability
Without limiting the general disclaimer, we:
- make no warranty as to the completeness or accuracy of any
material or as to its merchantability or fitness for a particular
purpose. We are not liable to you or anyone else if errors
occur in the information on this website or if that information is
- will not be liable for disruptions to this website; and
- will not be liable to you or anyone else if interference with
or damage to your computer systems occurs in connection with use of
this website or an external site.
You must take your own precautions to ensure that whatever you
select for use from this website is free of viruses or anything
else that may interfere with or damage the operation of your
computer system or systems.
Under no circumstances, including but not limited to any act or
omission on our part, will we be liable for any indirect,
consequential and/or incidental damage or loss of profits
whatsoever which result from any use or any access of, or any
inability to use or access, this website.
To the fullest extent permitted by law, our liability for any
breach of any implied warranty or condition for goods or services
we provide you which cannot be excluded is limited at our option to
- in the case of goods, the replacement of the goods or the
supply of equivalent goods, the repair of such goods, the payment
of the cost of replacing the goods or acquiring equivalent goods,
or the payment of the cost of having the goods repaired; and
- in the case of services, the supply of the services again or
the cost of having the services supplied again.
TERMS & CONDITIONS FOR ONLINE PURCHASES
In these Terms and Conditions for Online Purchases, "we", "our"
and "us" mean Raleru Limited (ABN 52 002 575 340) and its
associated member stores (all of which have a unique ABN separate
to that of Raleru Limited) trading as www.camerahouse.com.au and
"our website" means the URL www.camerahouse.com.au and "you" and
"your" means you, the customer.
These Terms and Conditions, together with the general terms and
conditions for use of our website, your order and the order
reference number provided to you constitute the entire contract
between us and you for the supply of products.
1. Formation of Contract
You offer to purchase products from us through our website. Your
offer is made by completing and submitting your order and providing
your credit card details. Our acceptance of your offer is confirmed
by us providing you with an order confirmation and order reference
number. Once we provide you with the order reference number a
binding contract is formed.
2. Australia only Website
We only sell and deliver within our service areas within
3. Legal Capacity to Transact
3.1 If you are under eighteen (18) years of age,
you cannot order via our website.
3.2 Should we suffer any damage or other losses
as a result of a transaction entered into by a minor using our
website, we reserve the right to seek compensation for such losses
from the parents or guardians of the minor who caused any
transactions to be entered into via our website.
4. Processing your Order
4.1 Upon completing your order and submitting it
through the checkout system the following will occur, depending on
whether you elect delivery or an in-store pick up:
(a) for orders where online delivery is
requested, an order reference number and tax invoice will be issued
to you via a confirmation email, subject to you providing us with
your e-mail address; and
(b) for orders where store pick up is requested,
an order confirmation and order reference number will be issued to
you via a confirmation email, subject to you providing us with your
4.2 We will not process your order until it has
passed our internal validation procedures, for the purpose of
preventing credit card or payment fraud.
4.3 Upon processing your order and receiving
payment via your credit card or debit card we send you an order
reference and confirmation email, subject to providing us with your
email address. Your tax invoice will be sent in either of the
following ways, depending on whether you elect delivery or an
in-store pick up:
(a) for orders where delivery is requested, your
tax invoice will be sent with the goods; and
(b) for orders where store pick-up is requested,
a tax invoice will be issued at the time you collect your goods
from the Camera House store you have nominated.
4.4 We, along with our affiliates, reserve the
right to: refuse service or supply of the products; terminate the
contract and/or your membership account; remove or edit content
from our website at our sole discretion.
4.5 If we cannot process your order after
receiving payment, we will contact you using the details entered on
the order form at the time the order was submitted.
5. Payment Methods and Processing
5.1 eWAY Payment Gateway currently accept
American Express, VISA and MasterCard credit cards and debit cards
5.2 Orders placed on weekends or public holidays
will be processed on the next business day.
5.3 Business days are Monday to Friday,
excluding NSW Public holidays.
5.4 We process payments only after you
successfully complete the checkout.
5.5 Your tax invoice is your proof of purchase
and is required for any warranty claims.
All purchases include GST unless otherwise stated.
7.1 We and any other persons involved in the
management of this website may make changes in the products and
prices described, and to other content of this website, at any time
7.2 We make every effort to ensure that product
descriptions on our website are accurate. However some
inaccuracies, typographical errors or misinterpretations may occur.
We reserve the right to correct such inaccuracies or typographical
errors as they are identified. Images are used for
illustrative purposes only.
7.3 We reserve the right to modify prices
published on our website at any time.
7.4 The price displayed for products on this
website represents the full price in Australian dollars, including
GST, for the product itself but does not include postage/delivery
charges. Please refer to our Shipping Details and Rates.
8.1 We attempt to keep stock of most items
listed on our website. All stock availability representations
(graphical or text) on this website are accurate as of our last
known stock level with the manufacturer and is subject to change
8.2 You will be notified if item/s are on
backorder and/ or are no longer available.
9. Delivery/ Pick Up of Goods
9.1 After ordering online and selecting the
option of delivery:
(a) You will receive an e-mail confirmation,
containing your order details (if you have provided your e-mail
address to us).
(b) We will endeavour to send your goods as soon
as possible, however, delivery of each ordered product/s can take
up to 10 business days from the date payment is received.
(c) Your order will be sent via an Australia
Post eParcel. After dispatch, a dispatch confirmation email
(subject to you providing us with your email address) which
contains an Australia Post eParcel tracking number will be sent to
(d) We will deliver each ordered product/s to
the place of delivery designated by you at the fees specified at
(e) If the specified recipient is unable to
accept delivery of the Australia Post eParcel, an "Article
Awaiting" card will be left at the premises and your order will be
delivered to an Australia Post Office suitable to store your order.
In these circumstances, delivery is completed by us at the time the
"Article Awaiting" card is left at your premises.
(f) Please contact our Customer Service Team if
you wish to change your delivery address after payment. If
your order has been sent you will be unable to change your delivery
(g) Delivery may exceed 10 days if our Customer
Service Team are unable to verify your details within 48 hours
after placing your order.
9.2 After ordering online and selecting the
option of store pick up:
(a) You will receive an e-mail confirmation and
order reference number, containing your order details (if you have
provided your e-mail address to us) including contact details for
the Camera House store you have nominated to collect your goods
("the nominated store").
(b) When your goods are ready for collection,
the nominated store will contact you, however, delivery of each
ordered product/s can take up to 10 business days from the date
payment is received to the date it is available for collection at
the nominated store.
(c) The goods will be available at the nominated
store designated by you at checkout at the fees specified at
checkout, noting that you paid such fees at checkout.
(d) You must collect the goods from the
designated store within two (2) months from the date the nominated
store contacts you to advise that the goods are ready for
collection. Failure to collect the goods within the two (2)
month time period may result in the goods being unavailable.
(e) Please contact our Customer Service Team if
you wish to change the nominated store after payment. If your
order has been sent to the nominated store you will be unable to
change your delivery address.
(f) Delivery to your nominated store may exceed
10 days if our Customer Service Team are unable to verify your
details within 48 hours after placing your order.
(g) At the time of collection of the goods at
the nominated store you will be given a tax invoice for the goods,
which you should retain for warranty purposes.
10. Title and Risk
Title to and risk in the products will pass to you upon delivery
from us. Title to those products, which are software components to
any product, shall remain with the applicable licensor(s) at all
11. Cancelled Orders
11.1 Please ensure that you choose carefully and
review all products in your cart when completing the checkout
process as your order cannot be cancelled once we have provided you
with the order confirmation and order reference number.
11.2 No refunds, credits or replacements are
offered if you have changed your mind about the ordered products,
make an incorrect choice, or failed to verify and accurately
provide information when placing an order.
12. Faulty, Damaged or Defective Product &
Faulty, Damaged or Defective Products
12.1 A product is considered faulty if it does
not work when first taken from its packaging or if it shows signs
of failure within 14 days of delivery.
12.2 If you receive a damaged or faulty product,
we will arrange for it to be repaired or replaced for you. A refund
is only available if the product is no longer available.
12.3 Products damaged in transit must be
reported to us within 24 hours of receipt of the product.
12.4 If you receive a product that you think is
defective, you are to immediately contact our Customer Service Team
who may provisionally determine whether the product is defective.
You have 14 days from the date of delivery to report a defective
12.5 Where a product is provisionally determined
to be defective we will arrange to replace the product.
12.6 Where we have provisionally determined your
product is defective, return shipping may be arranged at our
expense, but this will be determined on a discretionary
12.7 If the product is deemed by customer
service/supplier NOT to be defective, we may, in our absolute
discretion, refuse to replace the product or offer a refund.
12.8 We reserve the right to test any returned
12.9 Products must be returned whenever we agree
to replace the product or provide you with a refund.
12.10 For product return details, please refer
to our Returns
12.11 Please ensure that all original items
including packaging are returned.
12.12 It is your responsibility to ensure the
goods are adequately packaged to ensure that they are not damaged
during return delivery to our warehouse or the nominated Camera
12.13 Subject to the exclusions in clause
12.14 below, if you are dissatisfied with the product you have
purchased (but the product is not faulty as set out in clauses 12.1
- 12.12 above), you can exchange the product within and including
14 days from the original receipt of the item(s) ("the Camera House
14 day exchange policy") on the following terms:
(a) it is your responsibility to present the
product with which you are dissatisfied to a Camera House Store
within 14 days from your original receipt of the items;
(b) you must provide original tax invoice and
photo identification to the nominated Camera House Store with the
(c) you may exchange the product to the original
tax invoice value of your goods purchased online;
(d) you may exchange the product once
(e) product may only be exchanged if you return
all items, including the original packaging and any promotional
items included with the product and all of the original components
of the product have not been damaged in any way;
(f) in the event the Camera House store where
you attempt to exchange the product determines that you have caused
damage to the product, exchange can be refused at the discretion of
any Camera House staff member.
12.14 Please note the following items are not
returnable and/ or non-refundable:
(a) labour expenses;
(b) delivery expenses;
(c) pre-paid gift cards;
(d) digital content;
(e) any product that has been damaged or
(f) any item with a missing component (for
example, instruction manual, cables, software cd/dvd, charger,
battery, warranty card, camera strap and any other components
supplied by the manufacturer).
13. When a Replacement Product is arranged
13.1 A replacement for the same product ordered
will be delivered at our expense after we have received the
original faulty, damaged or defective product.
13.2 Subject to availability, the delivery time
for the replacement product may be the same as stated for the
13.3 Replacement products are provided with the
same warranty as the original product.
14. When a Refund is arranged
14.1 Refunds include delivery and associated
costs for the defective product.
14.2 No refund will be processed until we have
received the product from you.
14.3 Refunds will only be issued to the same
credit card or debit card used for the original purchase.
15. Proof of Purchase for a Warranty Claim
Be sure to keep your tax invoice as proof of purchase in case it
is needed for a warranty claim. To request another copy please
contact our customer service team via email and include your name
and order number.
16. Warranty if an item is replaced
Please contact the manufacturer of your product for more
information on their precise warranty terms and conditions.
17. Warranty transfer
Warranty is only valid with proof of purchase on the original
goods which will be warranted by the manufacturer as long as it
complies with all other terms and conditions. Warranty is NOT
18. Warranty Claims
18.1 Please contact the manufacturer for ALL
18.2 Warranty is valid within Australia only,
however please contact the manufacturer in regards to international
18.3 For assistance with a warranty claim,
please contact our customer service team via email.
19. Warranty Coverage
19.1 The majority of items sold are covered by a
minimum 12 months manufacturers' warranty.
19.2 Manufacturers Warranty is valid within
Australia only and commences from the purchase date on your
20. Hardware & Software - Exclusions and
20.1 We are not liable for any damage to or loss
of any programs, data, or other information stored on any media
contained within electronic products.
20.2 In relation to any electronic media
product, or any hardware product or computing or electronic part
contained within a product, we will not be responsible for direct,
special, incidental or consequential damages resulting from any
breach of warranty or condition, or under any other legal claim,
including but not limited to lost profits, downtime, goodwill,
damage to or replacement of equipment and property, any costs of
recovering, reprogramming, or reproducing any program or data
stored in or used with hardware purchased from
20.3 Where an electronic product needs to be
returned to us for replacement or a refund, we will in no manner
whatsoever be responsible for any data you may leave on the
20.4 Recovery and reinstallation of system and
application software and user data are not covered under any
20.5 All software provided with products
purchased on our website is subject to the terms and conditions of
the license agreement relating to that software and by ordering the
product you acknowledge your obligations to abide by such license
20.6 Further, you acknowledge that we do not
warrant any software under these Terms and Conditions for Online
Purchase in addition to any rights you may have under
statute. All software is warranted in accordance with the
license agreement that governs its use.
20.7 All rights, title or interest in respect of
the intellectual property rights in the software remain with
www.camerahouse.com.au or the licensor of the software at all
21. Our Liability
21.1 We shall not be liable in contract or in
tort for any loss or damage suffered and consumer rights are
limited to those set out in these Terms and Conditions and under
21.2 To the extent permitted by law and subject
to clause 28 our total liability herein in respect of each event or
series of connected events shall not exceed the total price paid
for the purchase of products and/or services under these Terms and
Conditions for online purchase.
21.3 You agree to indemnify us and keep us fully
and effectively indemnified against any loss of or damage to any
property or injury to or death of any persons caused by any
negligent act or omission or wilful misconduct on your part or that
of your employees, agents or sub-contractors or by any breach of
your contractual obligations arising out of these Terms and
Conditions for online purchase.
21.4 To the extent permitted by law, you agree
that we will not be liable for products not being available for
use, or for data or software which is lost, corrupted, deleted or
21.5 We shall not be liable to you for any
incidental, indirect, special or consequential damages, loss of
opportunity, loss of revenue, loss of profit or anticipated profit,
loss of business, loss of contracts, loss of goodwill, loss arising
out of business interruption, loss arising out of or in connection
with pollution of contamination arising out of or in connection
with the purchase, use or performance of products or services, even
if we have been advised of their possibility.
21.6 To the extent permitted by law, any
typographical, clerical or other error or omission in sales
literature, quotation, price list, acceptance or offer, invoice or
other documents or information issued by us shall be subject to
correction without any liability on the part of
22. Your Personal Information
to see how we collect use and protect your personal
23. Credit Card Fraud
23.1 Whilst we employ the latest in Secure
Sockets Layer (SSL) technology and use eWAY secure payment gateway,
we will not be responsible for any damages, consequential losses
(whether direct or indirect) suffered by a customer whose credit
card is fraudulently used or is used in an unauthorised
24.1 You are not permitted to assign any rights
and obligations under these Terms and Conditions for online
purchase, whether in whole or in part, without our prior written
24.2 Any unauthorised assignment shall be deemed
null and void.
24.3 If any provision of these Terms and
Conditions for online purchase is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of
the other provisions of these Terms and Conditions for online
purchase and the remainder of the provisions in question shall not
be affected thereby.
24.4 No failure or delay on our part in
exercising any power or right under these Terms and Conditions
operates a waiver, nor does any single or partial exercise of any
power or right preclude any other or further exercise, or the
exercise of any other power or right.
24.5 We reserve the right to change the Terms
and Conditions for online purchase at any time.
24.6 No www.camerahouse.com.au employee or agent
has the authority to vary the contract governing any sale.
24.7 The contract cannot be changed unless
agreed to in writing or by e-mail.
24.8 These Terms and Conditions for online
purchase shall be governed by and construed in accordance with the
laws of New South Wales and shall be subject to the non-exclusive
jurisdiction of the courts of New South Wales.
25. Force Majeure
We shall not be liable for any delay in performing any of
obligations under these Terms and Conditions if such delay is
caused by circumstances beyond the reasonable control of
www.camerahouse.com.au and we shall be entitled to a reasonable
extension of time for the performance of such obligations.
26. Promotional/Discount/Coupon Codes
26.1 Where applicable,
Promotional/Discount/Coupon Codes ("the discount") generate a
discount from your cart/ shopping basket value or add an incentive.
To activate the discount simply enter a valid Code then click the
26.2 All promotional codes have a unique set of
terms and conditions automatically applied when issued and are only
valid at our discretion.
26.3 Promotional Codes cannot be used in
conjunction with any other offer or discount. If you are unable to
use a Promotional Code, please contact our customer service
27. Online Prints & Photo Products
We use FujiFilm Australia Pty Limited for all photo prints and
gifts. Any order for online prints and phtos will be subject
to the Purchase Order Terms of FujiFilm Australia.
28. Australian Consumer Law
28.1 We make no express warranties under these
Terms and Conditions for online purchase. Manufacturers of
goods may, from time to time, provide a voluntary warranty directly
to you in relation to goods supplied. You must address any
issues relating to a manufacturer's warranty with the manufacturer
on the terms of that warranty.
28.2 Pursuant to clause 12, you must notify us
if a product is defective. The provisions of this clause 28.2
do not constitute a warranty in relation to the quality or fitness
of the goods, or require us to repair or replace goods, or offer a
refund in relation to goods, in circumstances other those set out
in Australian Consumer Law (to the extent that the Australian
Consumer Law applies to the goods).
28.3 The Competition and Consumer Act 2010 (Cth)
and the Australian Consumer Law guarantee certain conditions,
warranties and undertakings, and give you other legal rights, in
relation to the quality and fitness for purpose of consumer goods
sold in Australia. These guarantees cannot be modified nor excluded
by any contract. Nothing in these online Terms and Conditions
purports to modify or exclude the conditions, warranties,
guarantees and undertakings, and other legal rights, under the
Australian Consumer Law and other laws which cannot be modified or
excluded. Except as expressly set out in these online Terms and
Conditions and in the Australian Consumer Law, we make no
warranties or other representations to you under these online Terms
and Conditions. Our liability in respect of these warranties,
representations, undertakings and guarantees is limited to the
fullest extent permitted by law.
28.4 Without limiting clause 28.3, where we sell
goods to you, and you purchase them as a Consumer, then the
Australian Consumer Law provides certain guarantees in relation to
the goods. Your rights as a Consumer include those set out in
clause 28.5 below.
28.5 Our goods 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 for 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
28.6 To the extent permitted by statute, our
liability, if any, arising from the breach of any implied
conditions or warranties, or failure to comply with a statutory
guarantee under the Australian Consumer Law, in relation to the
supply of goods other than goods of a kind ordinarily acquired for
personal, domestic or household use or consumption, shall at our
option be limited to:
(a) the replacement of the goods or resupply of
the goods, or the cost of replacement or resupply of the goods;
(b) the repair of the goods, or the cost of
repair of the goods.
28.7 Subject to clause 21.3, we shall not in any
circumstances be liable to you under or in connection with these
Terms and Conditions, or in negligence or any other tort or
otherwise howsoever, as a result of any act or omission.
28.8 We make no express warranties in relation
to the suitability for any purpose of goods or materials supplied
28.9 To the extent permitted by statute, all
warranties, conditions and guarantees (whether express, implied or
applied, and whether given by the Seller, the manufacturer or a
third party) and any obligation to repair or replace any goods are
void in respect of any goods which you tamper with or alter.
28.10 For the purposes of this clause,
"Australian Consumer Law" means the law as set out in Schedule 2 of
the Competition and Consumer Act 2010.
Better Pictures Guarantee
Camera House Better Pictures Guarantee is
available with every camera purchase equal to or over $199 at the
advertised price. It includes a $200 Print Voucher (20 6x4" prints
& 5 6x8" prints to be redeemed each month for 12 months. The
$200 print voucher's pricing structure has been based on the Camera
House printing recommended retail price. 4x6" 19c each, total RRP
for 20 $3.80, for 12 months $45.60. 6x8" $2.95 each, total RRP for
5 is $14.75, for 12 months $177. Grand Total RRP $222.60. In store
prices may vary across the Camera House group due to market price
erosion), E-Learning Course (RRP $39.95), VIP membership (RRP $20)
and the Camera House 14 Day Exchange Guarantee.
Camera House 14 Day Exchange Policy
At Camera House our goal is to ensure your complete satisfaction
with your purchase. If you are dissatisfied with your purchase, you
can exchange your camera (excluding special orders) to the original
Camera House store of purchase within and including 14 days from
original receipt of item(s).
Camera House 14 day exchange policy is available on all camera
purchases from a Camera House store. Please provide original
receipt as well as photo identification for all exchanges, and
warranty repair services. You have the option of exchanging the
item(s) to the original receipt value of your goods purchased at a
Camera House store. Customer can exchange the camera at the
original store of purchase on one occasion.
Cameras may only be exchanged if the camera is returned in its
original condition including box, instruction manual, cables,
software CD/DVD, charger, battery, warranty card, camera strap,
camera and any other components specific to that manufacturer.
Original components must include all related packaging material
including cardboard, and plastic wrapping. All components must not
have scratches, dents, fingerprints or any sign of damage. If there
is a defect to your good please specify at time of exchange. Camera
House is not responsible for any personal data or items left in
If the customer causes damage to the camera the Camera House staff
member at their discretion may refuse the exchange. Any cosmetic or
physical damage including scratches or dents in the camera casing,
LCD screen, lens, effects of water, sand or dust is therefore not
covered by the guarantee.
Camera House from time to time offer manufacturer and Camera House
specific promotional bundles and items with your good(s) purchase.
Promotional bundle or items must be returned with the original
Non returnable items include labour, delivery, pre paid cards,
digital content, items damaged or abused, items that are missing
accessories including: instruction manual, cables, software CD/DVD,
charger, battery, warranty card, camera strap, camera and any other
components specific to that manufacturer.
Camera House Online Gallery - Camera House Facebook
"Photo Friday" Competition Terms and
In these terms and conditions ("Terms and Conditions"), "we",
"our" or "us" means Camera House (The Promoter), a division of
Raleru Limited (ABN 52 002 575 340) ("Raleru Limited").Information
on how to enter the Camera House Photo Friday Promotion "the
Promotion" and prizes form part of these Terms and Conditions.
Participation in the Promotion is deemed acceptance of these Terms
- Entry in the Facebook Photo Friday Promotion is open to
Australian residents except employees of Raleru Limited and Members
(franchisees) of Raleru Limited including their families, agents
and anyone else connected with the Facebook Photo Friday
- The major prize/s each week is communicated within the Camera
House Photo Friday Facebook app http://apps.facebook.com/photo-friday/
- Competition Winners will be judged every Friday morning at
8:30am at Camera House Head Office. The winner's photo and name
will be announced on http://www.facebook.com/camerahouseaust
at 10am each Friday.
- To enter the Promotion Eligible Entrants must, during the
Promotional Period, submit a photograph taken by them to the
"Camera House Photo Friday" application on the Facebook Platform
("Promotional Website"), which is only visible if the entrant is a
fan of the Camera House Facebook page. Entrants can also find the
application on the "Photo Friday" tab on the Camera House Australia
Page on Facebook http://www.facebook.com/camerahouseaust).
Entrants can become a fan by clicking the "like" button at the top
of the Facebook page. It is each entrant's responsibility to adhere
to the requirements of the Terms and Conditions, the prevailing
terms and conditions of the Facebook and the Promoter's websites
respectively and the Promoter will take no responsibility for any
entry or photograph that has been uploaded incorrectly.
- The Facebook Photo Friday promotion commences at 12 midday each
Friday from the 14th January 2011 and closes at 12 midnight each
Thursday. The Facebook Photo Friday is a Camera House competition
specifically on Facebook ("http://www.facebook.com/camerahouseaust")
- Eligible Entrants may only enter two photographs in each weekly
promotion. The photograph must be a photo that depicts the current
weekly theme. Each theme will be announced when the competition
opens each week (http://apps.facebook.com/photo-friday/)
- The photos you submit must be a .jpg, .bmp, .tiff, .psd, .png,
& .gif format no more than 4 MB in size.
- Chance plays no part in determining the winner. Entries
will be judged in regard to photographic skill and composition by
Camera House Head Office Judges("the Judges").
- Winners will be notified by telephone/ e-mail/ Facebook
announcement. The Promoter reserves the right to publish the
Winner's name and photograph.
- If you win, you must claim your price within 21 days after we
have notified you. We will send your prize to you within 28
working days after you have claimed the prize.
- The Judges decision is final and no correspondence will be
- The Winner acknowledge that the Promoter has the right to
display and use their winning photographs for reasonable use within
Camera House marketing, the winner will be informed and
- Each Eligible Entrant warrants to the Promoter that: (a) their
photograph was taken by them and that it does not infringe the
rights of any third party, including but not limited to, copyright,
trade marks, trade secrets, privacy, publicity, personal or
proprietary rights; and (b) he or she has obtained the consent of
any recognisable person or persons who are the subject of
photograph to submit the photograph and for it to be used as
outlined in these terms and conditions. Each Eligible Entrant
agrees to indemnify the Promoter against all costs and claims by
third parties arising from their breach of these warranties.
Eligible Entrants consent to any use of their entry which may
otherwise infringe their moral rights pursuant to the Copyright Act
- This promotion is in no way sponsored, endorsed or administered
by, or associated with, Facebook. Entrants acknowledge that they
are providing their entry information to the Promoter and not to
Facebook. The information so provided will only be used for the
purposes of the Promotion and as detailed in these Terms and
Conditions. Facebook is not responsible for providing any
information regarding questions, comments or complaints regarding
the Promotion. Please direct all correspondence to the Promoter.
Any linking to Facebook or its associated applications within this
Promotion is provided for the convenience of participants. Any link
or mention of Facebook is not to be taken as an endorsement or
- Incomplete, indecipherable, or illegible entries will be deemed
invalid. The Promoter reserves the right to disqualify any entry
where it reasonably suspects that such materials are prohibited by
these Terms and Conditions, any relevant law, or are otherwise
deemed inappropriate. This is at the Promoter's absolute discretion
and discussions will not be entered into. Images that are
considered unlawful or contain objectionable content, harassing,
defamatory, abusive, threatening, harmful, obscene, profane,
sexually oriented, racially offensive, contain nudity or otherwise
objectionable will not be acceptable and deemed invalid.
- If the Prize (or part of the Prize) is unavailable, the
Promoter, in its discretion, reserves the right to substitute the
Prize (or that part of the Prize) with a prize to the equal value
- The Prize is not transferable or exchangeable and cannot be
taken as cash.
- If this promotion is interfered with in any way or is not
capable of being conducted as reasonably anticipated due to any
reason beyond the reasonable control of the Promoter, the Promoter
reserves the right, in its sole discretion, to the fullest extent
permitted by law to (a) disqualify any Eligible Entrant or voter;
or (b) to modify, suspend, terminate or cancel the Promotion, as
- Any cost associated with accessing the Promotional Website is
the entrant's or voter's responsibility and is dependent on the
Internet service provider used.
- The use of any automated entry software or any other mechanical
or electronic means that allows an entrant or voter to
automatically enter repeatedly is prohibited and will render all
entries or votes submitted by that entrant or voter invalid. The
Promoter reserves the right to determine this in its absolute
- The Promoter collects personal information in order to notify
- Registration information and other information about you is
that through your use of the Site you consent to the collection and
- Unfortunately no data transmission over the Internet can be
guaranteed as totally secure. Whilst we endeavour to protect
such information, we do not warrant and cannot ensure the security
of any information which you transmit to us. Accordingly any
information which you transmit to us is transmitted at your own
risk, however once we receive your transmission, we will take
reasonable steps to preserve the security of such information.
- The Terms and Conditions, and the use of the Site and any
contents thereof, are in all respects governed by and according to
the laws of the State of New South Wales, Australia. By using the
Site, you irrevocably agree to submit to the exclusive jurisdiction
of the courts of New South Wales, Australia, for the resolution of
any dispute of any kind whatsoever, including without limitation
any dispute arising out of the interpretation or application of the
Terms and Conditions, or your use of the Site or any material
contained therein, or accessed thereby.
Terms and Conditions
The following provisions represent Your Rental Terms with The
Polygon Group Pty Ltd ABN 98 066 641 325 of 12 Wilton
Avenue, Somerton Park SA 5044, trading as Studio 19 Rentals ,
Telephone: 1300 889 560 Facsimile: 1300 361 137, Email:
email@example.com Australian Credit License No.
They contain various authorities, consents and acknowledgements on
your part arising on your submitting a Rental Application
(as defined in Clause 19 of the General Rental Conditions below)
to Studio 19 Rentals, together with other terms and
that will form part of your Rental Agreement if the Application is
Privacy Authorities, Consents and Acknowledgements
In submitting a Rental Application to Studio 19 Rentals:
1. You consent to Studio 19 Rentals conducting a credit assessment
of you and to using any information that Studio 19 Rentals is
permitted to use by law to establish your creditworthiness.
2. You consent to Studio 19 Rentals disclosing your Personal
Information (within the meaning of the Privacy Act 1988 -
Act") to a credit reporting agency for the following
(a) To obtain a consumer credit report about you if you have
applied for consumer or commercial credit; and
(b) To allow the credit reporting agency to create or maintain a
credit information file containing information about you.
3. You acknowledge that the type of information that Studio 19
Rentals may disclose about you is limited to:
(a) Your identity particulars;
(b) The fact that you have applied for credit and are seeking to
enter into a Rental Agreement with Studio 19 Rentals;
(c) Information on the amount of credit that you have applied
(d) If applicable, the fact that Studio 19 Rentals is a current
credit provider to you;
(e) Any payments overdue for more than 60 days that Studio 19
Rentals has taken steps to recover;
(f) Information that payments are no longer overdue;
(g) Information that credit provided to you has been
(h) Information that in Studio 19 Rentals' opinion you have
committed a serious credit infringement; and
(i) Dishonoured payments - if a cheque or direct debit payment
from you for any regular payment due to Studio 19 Rentals or
otherwise for more than $50 has been dishonoured more than
4. You acknowledge that this information may be given before,
during or after the provision of credit to you.
5. Where you are applying for consumer credit, you also agree that
Studio 19 Rentals may obtain information about you from a
which provides information about the commercial creditworthiness
of persons for the purposes of assessing your application.
you are applying for commercial credit, you agree that Studio 19
Rentals may obtain a consumer credit report from a credit
agency containing information about you for the purpose of
assessing your application.
6. You agree that Studio 19 Rentals may exchange permitted credit
information about you with other credit providers, to assess
credit worthiness and in circumstances of default (either with us
or with another credit provider).
7. You consent to use and disclosure of your Personal Information
as outlined above (whether the information was acquired when
Rental Application was submitted or is acquired by Studio 19
Rentals over the course of dealing with your Application or
account or credit arrangements with Studio 19 Rentals) to the full
extent allowed, without any further reference to you.
Other privacy issues relevant to your personal information
Studio 19 Rentals is also required to observe the National Privacy
Principles prescribed by the Act ("NPP's") in dealing with
personal information and by submitting the Application you
acknowledge the following privacy issues arising from these
• That Studio 19 Rentals needs to know the personal details
requested from you at the time of completing your Application in
assess the Application, to contact you in relation to any matters
arising from it or the Rental Agreement formed on its acceptance
to identify you if you contact Studio 19 Rentals. This information
will be reflected in the "Your Details" section of the Rental
Schedule that you will receive as confirmation of the details
provided in completing the Application.
• That to process the Application, Studio 19 Rentals needs the
information associated with the Payment Option that you have
when completing your Application. If you have selected the option
for debiting a credit card account, Studio 19 Rentals needs
know your credit card account number, the type, the financial
institution that it is held with, the expiry date and the name
on the card. Alternatively, if you have selected the Direct Debit
option, in addition to your name and address, Studio 19
needs to know the details of the financial institution at which
your account is held, the account name and its identifying BSB
account numbers. This information will be reflected in the Payment
section of the Rental Schedule.
• That if you chose not to provide all or any part of the
information requested for the purposes of completing an
Application, Studio 19
Rentals would be unable to accept the Application.
• That in additional to receiving the Rental Schedule as
confirmation of the personal information that you have provided in
Application, you can at any time access most of the information
that Studio 19 Rentals has collected about you in the course
processing your Application or dealing with your account, for
example to up-date your details but security procedures may
proof of identity before you are given access; if there is any
reason for not giving you access, you will be told why.
• That Studio 19 Rentals may disclose information that it has
collected from you to its associated companies (within the meaning
Corporations Act), State representatives, and agents for the
purposes of providing the services necessary to process the
and to administer your Rental Agreement (including for marketing
purposes if permitted by you when completing the
its computer support service providers to the extent necessary for
such services, to its courier or delivery agents to the
necessary to enable delivery or collection of an Item, to its
repairers to the extent necessary to identify you and the Item if
out repairs or maintenance, its Bankers if and to the extent
necessary to process or otherwise act on your selected Payment
for audit purposes and to its solicitors or mercantile agents if
and to the extent necessary to enable Studio 19 Rentals to exercise
of its rights under the Agreement following a breach on your part
or for any other reason required by law. While Studio 19
may provide commercial information relating to its business (e.g.
customer statistics and rental patterns) to other 3rd parties,
information will be disclosed that may personally identify you and
Studio 19 Rentals does not under any circumstances sell, trade
rent personal information to others. The only exception to this
would be in the case of a transmission of the Studio 19
business, including an assignment of rights under Clause 15 of the
General Rental Conditions.
• That Studio 19 Rentals or its authorized agent may discuss
your account with your spouse/partner and if we have not been able
contact you after taking reasonable steps to do so, with any named
• That if an Application is not accepted the information
collected from you will be permanently deleted.
Studio 19 Rentals is a trading name of The Polygon Group Pty Ltd
ABN 98 066 641 325 and more information about your privacy
is available on the Polygon Group website
(www.polygongroup.com.au), or by calling1300 889 560 or by writing
to the Privacy Officer,
Studio 19 Rentals 12 Wilton Ave Somerton Park, SA, 5044. or by
email to firstname.lastname@example.org.
Change or alteration to privacy considerations
The above privacy considerations should be read in conjunction
with the Studio 19 Rentals Privacy Disclosure Statement (and
suggest that you periodically visit The Polygon Group website to
the current details about our information collection and handling
practices or call Studio 19 Rentals on 1300 889 560 to arrange for
current details to be sent to you. By doing so you will always be
aware of what information Studio 19 Rentals requires, how it is
and in what circumstances it may be disclosed.
General Rental Conditions
In submitting the Application you agree that the terms and
conditions set out below will apply to the rental of the
Nature of the Agreement
1. The Agreement arising from Studio 19 Rentals accepting the
offer constituted by your Application is a Rental Agreement and is
be taken to constitute a Hire Purchase Agreement or an agreement
for sale of goods by instalment within the meaning of any
dealing with such arrangements.
Acceptance of your offer to rent and cooling-off
2. (a) Your offer to rent made by submitting the Application is
expressly subject to acceptance by Studio 19 Rentals. You agree
acceptance is sufficiently evidenced by electronic message back to
your Studio19 Dealer to that effect or by email to your
email address. However if at any time Studio 19 Rentals ascertains
that any of the information that you have provided in the
is false, then notwithstanding prior acceptance of your offer and
the formation of a Rental Agreement, Studio 19 Rentals may at
option immediately terminate the Rental Agreement by notice to you
and recover by way of liquidated damages and exercise rights
repossession in the same terms as provided by Clause 7.
(b) Notwithstanding such acceptance the Rental Agreement shall not
be regarded as complete and binding on you until you have
possession or delivery of the Item. At any time prior to doing so,
you may notify Studio 19 Rentals that you wish to cancel the
Agreement, in which case you will not be under any further
obligation (except for payment of any delivery charge incurred
receipt of your notification) and any monies paid will be refunded
(less any such delivery charge).
Collection or Delivery of the Item and commencement of Your Rental
3. (a) Your Rental Period starts either on the date that the Item
is collected by you from your Studio 19 Rentals Dealer or the Item
dispatched for delivery (whichever is applicable in the
circumstances). While best endeavours are used to ensure the Item
promptly dispatched for delivery or made available for collection
as soon as possible (as the case may be), Studio 19 Rentals is
responsible for any delays.
(b) In any case where given the nature of the Item, you are
required to make separate arrangements with a Dealer (or other
3rd party) for
its delivery and installation/set up, the associated costs are in
addition to any payments that you are required to make to Studio
Rentals and will be charged to you separately by the Dealer (or
other 3rd party). However, notwithstanding that a Rental
otherwise have come into existence, if you do not accept the
applicable delivery and installation/set up costs, you may
the Agreement by notifying Studio 19 Rentals as soon as possible
by any means set out in Clause 12(c). Failure to promptly do so
result in your being taken to have waived such right of
cancellation or you may be required to reimburse Studio 19 Rentals
for any costs
or expenses it has incurred as a result. Where such separate
arrangements apply, this will be stated as part of the information
you when completing the Application.
4. (a) Throughout the Rental Period as each payment falls due you
are required to pay the monthly rental charge as advised by
Studio 19 Rentals Dealer at the time of submitting your
Application (as also stated in the ACCOUNT STATEMENT and
Schedule that you will receive after entering into the Rental
Agreement) in accordance with your selected Payment Option or by
other means expressly agreed in writing with Studio 19 Rentals
(subject however to Clause 4(b)), together with any other charges
you have accepted when submitting the Application or that you may
otherwise become liable for under the Rental Agreement on any
(b) Monthly rental charges are payable in advance by means of your
selected Payment Option, the first being payable no earlier than
start of your Rental Period and then on the corresponding day of
each subsequent month. (Please note, while payments will generally
debited or charged to your nominated account on the due date, for
administrative reasons, there may be occasions where a payment
not be processed until a few days after the due date. In
particular debiting of the first payment will be subject to Studio
19 Rentals having
first received all required paperwork from its Dealer). Monthly
rental charges are debited or charged on the basis of a full
with no pro rata adjustment for shorter periods, so to end the
Agreement (see Clause 9 and the ACCOUNT STATEMENT) and avoid
further charges, the Item must be returned to Studio 19 Rentals
(including by any arrangement made with you for collection by its
or contractor or return to an authorized collection point) before
the next payment is due. Your liability for rental continues until
is received by Studio 19 Rentals.
Maintenance and Repair & Responsibility for Loss
5. (a) THIS PROVISION IS PARTICULARLY IMPORTANT. You must keep the
Item in good order and repair; subject only
to Clause 5(b) and (c), you are liable for loss of, or destruction
or damage to the Item however caused (including but not
to theft, fire or loss or damage in transit if you are not
returning the Item personally to Studio 19 Rentals, [which also
collection by its agent or contractor or return to an authorized
collection point]) and for any consequential loss or damage
caused by the Item and all costs associated with its replacement
in the case of loss or destruction or the cost of repairing
damage, which may be the replacement cost where Studio 19 Rentals
considers it cannot be adequately repaired AND YOU
ACKNOWLEDGE THAT IT IS ENTIRELY YOUR RESPONSIBILITY TO INSURE
AGAINST SUCH RISKS AS YOU MAY
SEE FIT; you must give Studio 19 Rentals written notice of any
such event within 72 hours and provide such details and take
any further steps in relation to the event as Studio 19 Rentals
(b) Optional Protection Plan - If the Item is lost or
damaged due to theft or fire or is accidentally damaged (damage in
this Clause also
including total destruction of the Item) or damaged by a third
party and if available on your selected Item, you elect to take
Protection Plan (at the additional monthly fee) offered by Studio
19 Rentals as part of your Application and Studio 19 Rentals
that the loss or damage did not arise due to any deliberate or
intentional act, neglect, lack of reasonable care or proper
your part, the general liability otherwise set out in Clause 5 (a)
will not apply and at Studio 19 Rentals' discretion the Item will
replaced (with one of at least equivalent standard) or repaired at
Studio 19 Rentals' cost; this provision applies Australia wide,
refer to the definition of "theft" and what represents neglect,
lack of reasonable care or proper supervision - see Clause 19). If
to take the Protection Plan, the monthly fee will be payable at
the same time and in the same manner the monthly rental
(c) Unless you are in default, Studio 19 Rentals will carry out at
its cost such maintenance and repairs (excluding any case repairs)
may be required due to normal use to the extent it considers
necessary to keep the Item in proper working order or if Studio 19
considers it necessary, it will replace the Item; normal use is
determined by Studio 19 Rentals but does not include defects due to
or negligence on your part or the part of any person you permit
(without Studio 19 Rentals' consent) to carry out any maintenance
repairs; also Studio 19 Rentals' obligations here do not extend
any of the matters set out in the "Exclusions" appearing at the end
General Rental Conditions.
(d) If the Item needs repair or maintenance or is being replaced,
no abatement of rental charges or suspension of the Rental
applies while the necessary work is being performed or until you
receive the replacement. If replacing an Item, Studio 19 Rentals
endeavour to do so as soon as possible but will not be responsible
for any delay.
(e) If the Item requires repair, or maintenance, unless otherwise
agreed, depending on the nature of the Item, Studio 19 Rentals
either arrange for a technician to attend where the Item is
installed to carry out the necessary work or direct you to take it
authorised repairer in which case you will be required to also
arrange for collection of the Item on completion of the work.
(f) If you become liable to pay for the replacement cost of the
Item pursuant to Clause 5(a), that cost will be determined in the
manner as fair value is determined for the purposes of Clause 10
as at the date of the relevant event and the Rental Agreement will
regarded as terminated from that date but so as not to affect your
liability to pay the replacement cost in full, together with any
monies that may be owing on any account under the Rental Agreement
or by virtue of the indemnity in Clause 6. A certificate signed
an authorized officer of Studio 19 Rentals as to the replacement
cost will be conclusive evidence for all purposes.
6. Unless otherwise provided by the Rental Agreement or by law,
you must indemnify Studio 19 Rentals and keep it indemnified,
together with its employees and agents against all loss, damage,
injury, costs, claims, demands and expenses (including legal costs)
any nature that it may incur or be liable for due to your using
the Item or breaching the Rental Agreement.
Default & Remedies for Default
7. (a) You are in default if you fail to pay any monies that you
are required to pay under the Rental Agreement, including taking
action that may prevent Studio 19 Rentals debiting or charging
such monies against the account you have nominated for
purposes (unless expressly agreed with Studio 19 Rentals
beforehand), or if you commit any other breach of the Rental
(b) If default is not rectified within 30 days of Studio 19
Rentals' written notice outlining the default and requiring you to
do so (if
capable of being rectified) and stating its intention to either
repossess the Item and/or seek to recover damages from you if not
Studio 19 Rentals is entitled to proceed accordingly and
immediately regard this Rental Agreement as terminated (without
of its other rights under the Agreement, which will continue to
subsist or its rights at law) and to take action to repossess the
recover from you as liquidated damages a sum equal to:
• all monies due to Studio 19 Rentals up to the termination
date and any rental charges payable for the unexpired portion of
minimum rental period applicable to the Rental Agreement;
• if the Item is not returned to or recovered by Studio 19
Rentals (including in any case where at its discretion it chooses
not to seek
recovery of the Item), an amount equal to its fair value (as
determined below - see Clause 10) at the date of termination;
• if the Item is returned or recovered the reasonable cost
of any repairs required to restore the Item to the same condition
it was in at
the start of the Rental Period (fair wear and tear excepted and
subject also to Studio 19 Rentals' obligations under Clause 5(c))
fair value, whichever is less; plus
• all expenses actually incurred by Studio 19 Rentals to
repossess or attempt to repossess the Item or enforce or attempt to
rights under the Rental Agreement (subject to any legal rule to
PROVIDED that for the purposes of retaking possession, Studio 19
Rentals or its agent shall first be required to obtain all
occupier consents as prescribed by law before entering into any
premises. A certificate signed by an authorized officer of Studio
Rentals as to fair value for the purposes of this Clause will be
conclusive evidence for all purposes.
(c) Without limiting the general effect of Clause 7(b), you are
liable to pay all costs incurred by Studio 19 Rentals in seeking to
overdue or unpaid monies including (but not limited to) legal and
administrative costs and any costs payable to a debt recovery
(unless not permitted by law).
(d) Each default arising from a failure to pay any monies that you
are required to pay under the Rental Agreement by the due date,
also incur an administration default fee of $11.00 (this may be
subject to variation from time to time).
Ownership & Use
8. The Item remains the absolute property of Studio 19 Rentals.
Nothing in the Rental Agreement confers any right, title or
you other than as a hirer of goods. You will at all times hold the
Item for and on behalf of Studio 19 Rentals as a bailee only and
not take or purport to take any action by which it may be sold,
offered for sale, assigned, pledged, hired, leased, pawned or
dealt with to the prejudice of Studio 19 Rentals' interests. You
must also not do or permit anything to be done that may result in
charge, lien or security interest being created in respect of the
Item or allow it to be taken out of your direct control and
immediately advise Studio 19 Rentals if any third party seizes the
Item or attempts to do so.
Duration of the Rental Period
9. (a) Subject to Clause 5 (f), after your Rental Period starts,
it will continue indefinitely until ended either by you (see Clause
9(b)) or by
Studio 19 Rentals or the Item is sold to you pursuant to Clause
(b) You may end the Rental Agreement at any time. To do so you
must return the Item to Studio 19 Rentals, in the same condition it
in at the start of the Rental Period (subject to fair wear and
tear and Studio 19 Rentals' obligations under Clause 5(c)) and by
outstanding rental charges and other monies due under the
Agreement up to its end and where necessary the reasonable cost of
restore the Item to such condition provided that if you end the
Agreement before the end of any minimum rental period applicable to
Rental Agreement you will be liable to pay rental charges for the
unexpired portion of the minimum rental period (except if the Item
being sold to you pursuant to Clause 10). The end date of the
Agreement is when the Item is actually returned to Studio 19
Item is to be returned in accordance with Studio 19 Rentals'
instructions as set out in the ACCOUNT STATEMENT or as given
contacting Studio 19 Rentals on 1300 889 560. Depending on your
location, where reasonably practical you will be directed to Studio
Rentals' nearest collection point or Studio 19 Rentals will make
arrangements with you for collection of the Item by its agent
contractor at your cost (as advised when contacting Studio 19
(c) The Rental Agreement may be ended by Studio 19 Rentals as
provided in Clause 7.
(d) Ending of the Rental Agreement does not affect your liability
to pay any rental charge falling due prior to that time
that portion relates to a period after its ending (that is there
is no pro rata adjustment in the rental charge) or any other monies
are liable to pay under the Agreement.
Request to Purchase
10. While the Agreement is a rental agreement and does not provide
any right to purchase, at any time during the Rental Period
19 Rentals may, on receiving a request from you to purchase the
Item, offer to sell it to you (but without being under any
obligation to do
so) at what Studio 19 Rentals considers to be a fair value at the
time of receiving your request, having regard to the length of the
Period to that point and in line with advised price guides (refer
to the ACCOUNT STATEMENT). For more details on current
please contact Studio 19 Rentals on 1300 889 560 or by email on
11.Change of Address: You must notify Studio 19 Rentals at once if
your address changes including any given email address.
12 (a). Notices and giving documents electronically to you: In
submitting your Application you consented to Studio 19 Rentals
you documents by means of electronic communication sent to your
electronic address contained in the Application (or to such
electronic address that you may provide during the Rental Period
for such purposes) and in doing so you have acknowledged that
paper documents may no longer be given ● you must regularly
check electronic communications for documents ● you may
consent to the giving of documents by electronic communication at
any time. Documents sent by email will be deemed to have been
received on the date sent.
12 (b). Notices and giving documents to you by non-electronic
means: If you withdraw your consent at any time during the
Period to receiving documents as provided in Clause 12 (a) or if
Studio 19 Rentals nevertheless chooses to provide you with any
document for the purposes of the Rental Agreement, a notice or
document will still be sufficiently given to you if sent to you by
your last known residential address, which will be deemed to have
been received 48 hours after sending by pre-paid post.
12 (c). Notices and giving documents to Studio 19 Rentals: A
notice will be sufficiently given by you to Studio 19 Rentals if
sent by prepaid
post addressed to Studio 19 Rentals at 12 Wilton Ave Somerton Park
SA 5044 and will be deemed to have been received 48 hours
after posting or by facsimile to Studio 19 Rentals' facsimile
machine number 1300 361 137, which will be deemed to have been
on the date of transmission or by email to email@example.com,
which will be deemed to have been received on the date sent.
12(d). Notices given in writing: All notices of any kind to be
given under the Rental Agreement must be in writing (whether by
facsimile or email).
13. Jurisdiction: Notwithstanding any implication of law to the
contrary, the Rental Agreement will be deemed to be made in
Australia and will be construed in accordance with and be
enforceable in accordance with the laws of South Australia and you
agree, along with Studio 19 Rentals to submit to the jurisdiction
of the Courts of that State in respect of all matters arising under
relating to the Agreement.
14. Severance: If any provision of the Agreement is or at any time
becomes void or unenforceable or is found to infringe any State
Federal law (whether existing or coming into effect during the
Rental Period) the remaining provisions will continue in full force
effect; where the circumstances permit the provision in question
will immediately be severed and replaced with a lawful and
provision which so far as possible achieves the same economic
benefit or burden or other effect for you and Studio 19 Rentals as
severed provision was intended to achieve.
15. Assignment of Rights: Studio 19 Rentals may at any time during
the Rental Period assign or transfer its rights and obligations
the Rental Agreement to any other corporation or person without
notice to you.
16. Waiver of Rights: Any concession given to you does not affect
Studio 19 Rentals' rights under the Agreement and waiver of a
particular breach is not to be taken as a waiver of any further or
continuing breach and the ending of the Rental Agreement does
affect Studio 19 Rentals' entitlement to recover any monies due to
the end date or damages for any breach.
17. Entire Agreement: The Rental Agreement represents Studio 19
Rentals' entire agreement with you regarding the rental of the
any prior terms or understandings are hereby cancelled or
18. Stamp Duty & GST: The rental charge is exclusive of any
stamp duty, which will be borne by Studio 19 Rentals. Otherwise
amount, however described, expressed as payable by you to Studio
19 Rentals under the Agreement (including Clause 10) is inclusive
GST; if the GST rate increases during the Rental Period Studio 19
Rentals reserves the right to adjust such amounts as required to
that it achieves the same economic benefit after the increase as
19. General Definitions & Interpretation: In the Rental
Agreement, unless the contrary intention appears or the context
requires or admits:- "ACCOUNT STATEMENT" means the statement
issued you by Studio 19 Rentals after entering into your
Agreement, stating the make, model, serial no. of the Item, rental
and other charges, the Rental Period start date, any
minimum rental period and procedures for returning the Item;
"Agreement" or "Rental Agreement" means and is
comprised of this
document and any terms and conditions that were acknowledged or
agreed when signing your Agreement, plus the Rental Schedule
ACCOUNT STATEMENT; "Application" or "Rental Application"
means the application which you completed and submitted
through your selected Studio 19 Rentals Dealer for rental of the
Item on the basis of the various consents, authorities,
and terms and conditions contained in this document; "GST"
means the tax payable under the GST law defined in A New Tax
(Goods and Services Tax) Act 1999 as amended; "Item" means
the goods or product nominated in your Application (and which will
confirmed in the Rental Schedule and in the ACCOUNT STATEMENT) or
any replacement issued pursuant to the Agreement;
"Payment Option" means the payment option you selected in
your Application (and which will be confirmed in the Rental
"Rental Schedule" means the document that you will receive
after your Application is accepted confirming the information
your Application and any terms and conditions that were
acknowledged or agreed when signing your Application; "Sign"
in relation to your Application means providing your Studio 19
Rentals Dealer with the customer reference code which you
from Studio 19 Rentals by SME or by phoning after submitting your
Application; "Theft" means unlawfully taking the Item from
personal possession or control, including by breaking into
premises but does not extend to loss in the course of post or
freight in delivery
or return from a repairer or delivery to Studio 19 Rentals without
evidence of posting or a courier/freight receipt; "You" or
refers to the person named as hirer in the Application; reference
to "Studio 19 Rentals" means The Polygon Group Pty Ltd ACN 066
325 trading as Studio 19 Rentals and includes its employees,
agents or representatives; If you let someone else use the Item,
done by them or occurring while the Item is in their possession or
control is taken to have been done by you as the hirer or
while in your possession or control; for the purposes of Clause 5
(b) without limiting situations where Studio 19 Rentals may decide
theft is due to neglect, lack of reasonable care or proper
supervision, loss of the Item if left unattended in any public area
(such as on
public transport) or an open area (such as a home carport,
unlocked garage or vehicle) will be taken as occurring in such
20. Variation: Except for Clause 18 (where no consent is required)
or if otherwise required by law, Studio 19 Rentals may at any
vary the Agreement with your consent, which will be assumed if you
allow a rental payment to be made after having been given at
14 days prior notice of the proposed variation.
20A. 3rd Parties: If any 3rd party information is
given in your Application, you declare that you have their consent
to provide the
information or are otherwise authorised or entitled to do so. In
addition, by submitting the Application, you agree that Studio 19
or its authorised agent, may contact any employer or referee named
in the Application to verify the information you have given in
Application and that Studio 19 Rentals or its authorised agent may
discuss your account with your spouse/partner named in the
Application and if Studio 19 Rentals is unable to contact you
after taking reasonable steps to do so, with any named
Special Provisions - the Personal Property Securities Act 2009
21. Special provisions to prevail: These special provisions set
out Studio 19 Rentals' rights as provided under the Personal
Securities Act 2009 (C'th) and to the extent of any inconsistency
between these special provisions and the other terms and
contained in the Agreement the special provisions will prevail to
the extent of the inconsistency
22. Definitions and Interpretation: In these special provisions
the following terms shall have the following meanings unless the
intention appears:- "attach" or "attaches" has the same meaning as
given in the PPSA; "PMSI" means a purchase money security
interest" as that phrase is defined in the PPSA; "PPSA" means the
Personal Property Securities Act 2009 (C'th) and any
made under it and "PPSR" means the register under the PPSA;
"Security Agreement" has the same meaning as in the PPSA and
"Security interest" has the same meaning as in the PPSA and also
includes an indemnity.
23. Registration: On accepting your Application Studio 19 Rentals
may register the Item on the PPSR without notice to you.
24. Discharge: In the event of your coming to purchase the Item
following receipt of the purchase price if Studio 19 Rentals
registered a security interest in respect of the Item on the PPSR,
it will within the time specified by the PPSA or if no time is
soon as practical take such steps as required under the PPSA to
discharge the security interest.
25. Your agreements concerning the PPSA: You acknowledge and agree
with Studio 19 Rentals that:-
(a) Security interests/agreements and PPSA notices: The Agreement
is a security agreement and you grant a security interest to Studio
Rentals under the Agreement and you will provide all information
and execute all documents necessary for Studio 19 Rentals to
and perfect a security interest in respect of the Item and to the
extent allowed by the PPSA you waive your right to receive any
under the PPSA (including notice of a verification statement - see
section157 after registration or variation of a
(b) Title in the Item: Legal and beneficial title in and to the
Item will be retained by Studio 19 Rentals and it will have a
in the Item under the PPSA securing to it all monies becoming
owing to it on account of the Item if lost, damaged or otherwise
adversely to its interests until Studio 19 Rentals regains
possession of the Item or all monies which may at any time be or
by you to Studio 19 Rentals on any account in respect of the Item
are paid in full. The security interest in the Item attaches to it
you obtain possession.
(c) No later attachment: There has been no agreement between you
and Studio 19 Rentals that any security interest should attach at
later time than as stated in the Agreement.
(d) PMSI: Studio 19 Rentals' security interest in the Item (and
all monies becoming owing in respect of the same) will be a PMSI to
extent it secures payment of amounts owing in relation to the
(e) Adverse interests: You will not grant a security interest in
the Item adverse to Studio 19 Rentals' security interest in the
(f) Application of monies: Studio 19 Rentals may apply any monies
received from you first to satisfy any portion of unsecured
second to satisfy any portion of secured debt but not by a PMSI
and third to satisfy any portion of debt secured by a PMSI, or
as it sees fit.
(g) Costs and Expenses: You will pay Studio 19 Rentals' costs and
expenses incurred to enforce any security interest arising under
26. PPSA - Excluded Provisions: Without limiting the foregoing
special provisions if Chapter 4 of the PPSA would otherwise apply
enforcement of a security interest arising from the Agreement it
is mutually agreed to the extent that:
(a) section 115(1) of the PPSA allows, the following will not
apply to enforcement of that security interest where relevant to
Agreement: section 121(4)(enforcement of liquid assets-notice to
grantor, as that term is defined in the PPSA)● section
(obligation to dispose of or retain collateral, as that term is
defined in the PPSA) ● section 130 (notice of disposal), to
the extent it
requires Studio 19 Rentals to give you a notice ● section
132 (3)(d) (contents of statement of account after disposal)
132(4) (statement of account if no disposal) ● section 142
(redemption of collateral) ● section143 (reinstatement of
(b) section 115(7) of the PPSA allows, the following will not
apply to enforcement of that security interest: section 127
higher priority parties - notice) ● section 129(2) and (3)
(disposal by purchase) ● section 132 (secured party - as that
defined in the PPSA - to give statement of account) ●
section 134 (2) (proposal of secured party to retain collateral)
● section 135
(notice of retention of collateral) ● section 136 (3), (4)
and (5) (retaining collateral free of interest) ● section 137
to notice may object to proposal).
27. PPSA Notices: Notwithstanding any provision otherwise
contained in the Agreement, notices or documents required or
be given for PPSA purposes must be given in accordance with the
28. Facilitating Registration: Without limiting any other
provision of the Agreement, you consent to Studio 19 Rentals
registration on the PPSR (in any way it considers appropriate) as
regards any security interest arising under or in connection with
Agreement and you agree to provide all reasonable assistance to
29. Confidentiality Agreement: You agree with Studio 19 Rentals
that neither will disclose to an "interested person" (as defined
section 275(9) of the PPSA or any other person), any information
of the kind set out in section 275 (1) of the PPSA and you will
authorize disclosure of any information of the kind set out in
section 275 (1) of the PPSA. This clause will be taken to
confidentiality agreement for the purposes of section 275 (6) of
30. Governing Law: This agreement is governed by South Australian
law and each party submits to the jurisdiction of its Courts
provided in Clause 13, unless the PPSA requires otherwise.
Exclusions - Clause 5(c):
In relation to Studio 19 Rental's range of musical instruments
offered for rental, its maintenance or repair obligations do not
piano tuning and to replacing any consumable items associated with
the Item that are expected to be periodically replaced
normal use (including but not limited to rosins, strings and
Nikon Cashback Terms & Conditions
1. The Promoter is Nikon Australia Pty Ltd (ABN 34 121 761
2. The Promotional Website is the part of the website maintained
by or on behalf of the Promoter at promotions.mynikonlife.com.au which relates to
the Rewards. The Rewards are any rebates, discounts, gift vouchers,
goods, services or other rewards that may be offered by the
Promoter to qualifying consumers from time to time and which are
described by the Promoter as 'Local Rewards' or which are otherwise
described by the Promoter as being offered under these terms and
3. A Participant is any person who applies for a Reward through
the Promotional Website, or who has accessed or entered details
into the Promotional Website for the purposes of viewing available
Rewards or applying for a Reward.
4. Information on Rewards, how to apply for them, and other
details contained on the Promotional Website or within any
promotional advertisements form part of these terms and conditions.
By applying for a Reward or entering details into the Promotional
Website, Participants acknowledge that they have read, understand
and agree to be bound by these terms and conditions.
5. Only individuals who reside in Australia and who have an
Australian bank account may apply for a Reward. If an individual is
aged under 18 years, they additionally must obtain the consent of a
parent or legal guardian before applying for a Reward. If a
Participant who is otherwise entitled to receive a Reward under
these terms and conditions is under the age of 18 years, the
Promoter may (in its discretion) decline to provide the Reward to
that Participant until a parent or legal guardian of that
Participant agrees (in a form acceptable to the Promoter) to ensure
that the successful Participant complies with these terms and
6. Any available Rewards, along with the criteria that a
Participant must fulfil to apply for a Reward, the period within
which the Participant must apply for the Reward and how the
Participant must apply for the Reward (collectively, the
'Reward Criteria') will be set out at the
Promotional Website from time to time. Rewards will only be
available for a limited period and the Promoter may add to, remove
or change (in whole or in part) the available Rewards and the
Reward Criteria for those Rewards on the Promotional Website from
time to time. Participants may need to enter various details into
the Promotional Website in order to see whether any Rewards are
available to them at that time and the relevant Reward Criteria.
Participants acknowledge and agree that, from time to time, there
may be no Rewards available under these terms and conditions.
7. Where a Participant must have purchased a Nikon-branded
NIKKOR lens in order to apply for a Reward: (a) that product must
have been purchased from an Authorised Reseller; (b) the product
must have been paid for in full by the Participant within the
promotional period in which the Participant is applying for a
reward (c) the Participant may only make one Reward application in
respect of that product; and (d) the Participant must immediately
return any Reward they receive in connection with that product to
the Promoter if they return the product for a refund or credit. The
Promoter is not responsible for any person or store which
misrepresents itself as an Authorised Reseller or incorrectly
claims that Rewards are available in respect of a product where no
such Rewards are available. Any purchase from a person incorrectly
or fraudulently claiming to be an Authorised Reseller will not
qualify a Participant to apply for a Reward. Additionally, any
corporate order made through the Promoter or other channels will
not qualify a Participant to apply for a Reward.
8. Participants who are eligible to apply for a Reward will only
receive that Reward if they fulfil each of the Reward Criteria for
that Reward, including by applying for that Reward within the time
period required by the Promotional Website and in the manner
required by the Promotional Website and these terms and conditions.
Any application for a Reward that fails to meet these requirements
will be deemed invalid. Applications will also be deemed invalid if
they are incomplete, incorrect or incomprehensible, or if they are
stolen, forged, mutilated or tampered with in any way.
9. The Promoter may decline any invalid application, although it
reserves the right (in its discretion) to contact (or attempt to
contact) the relevant Participant to attempt to resolve any issues
with an invalid application that are capable of resolution. If,
following contact with the relevant Participant, such issues are
resolved by the relevant Participant to the satisfaction of the
Promoter, the Promoter may accept the updated application as a
10. Where a Participant's application for a Reward is
successful, the Promoter will provide that Reward to the postal
address, email address or appropriate account nominated for the
receipt of that Reward in that application (as applicable).
11. Reward applications will be deemed to have been made at the
time of their receipt by the Promoter and not at the time of
transmission. Participants may only apply for Rewards in their own
name and using their own personal details, and may only provide
their own address and account details in their application for the
receipt of a Reward. Additionally, a person must not apply for a
Reward to which another person is entitled, whether on their behalf
or otherwise. THE PROMOTER TAKES THE ISSUE OF FRAUD VERY SERIOUSLY,
AND RESERVES THE RIGHT TO DEEM INVALID AND REPORT TO THE POLICE
AND/OR OTHER APPROPRIATE AUTHORITIES ANY APPLICATIONS FOR REWARDS
WHICH IT SUSPECTS TO BE FRAUDULENT OR OTHERWISE UNLAWFUL. The use
of automatic software or similar devices to apply for Rewards or
enter details into the Promotional Website is prohibited.
12. Management, employees and contractors of either the Promoter
or any Authorised Reseller are not eligible to apply for
13. If a Participant is required to submit any written material,
any photographs or any other material in which intellectual
property rights subsist ('Works') in order to
apply for a Reward, those Works must be: (a) the original
independent creation of the Participant; (b) owned by the
Participant; and (c) free of any claims, including copyright or
trademark claims, and must not: (i) have been published previously;
or (ii) infringe any person's intellectual property rights.
Additionally, the Promoter may in its discretion deem an
application to be invalid if it includes any content which, in the
opinion of the Promoter, contains profanity, nudity, potentially
insulting, scandalous, inflammatory or defamatory images or
language, or which is otherwise objectionable.
14. The Promoter may use, reproduce and publish any Works in any
media, for any purpose, including for the purpose of: (a)
advertising, promoting, marketing or publicising this promotion; or
(b) any future promotional, advertising, marketing and/or publicity
activities of the Promoter.
15. Rewards that are goods or services (or in the form of a gift
voucher or discount) are not exchangeable or redeemable for cash.
Any stated value for Rewards is based on the recommended retail
value of the Reward in Australian dollars, inclusive of GST. The
Promoter accepts no responsibility for any variation in the value
of the Reward. If the Reward is unavailable, for whatever reason,
the Promoter reserves the right to substitute the Reward for an
alternative Reward of equal or greater value. To the extent
permitted by law, no compensation will be payable if, for any
reason, a successful Participant is unable to use a Reward as
16. If the Reward is in the form of a gift voucher or discount,
the gift voucher or discount may have an expiry date, after which
the gift voucher or discount can no longer be used. Any unused
balance of a gift voucher or discount will not be refunded or
17. The Promoter reserves the right, at any time, to verify the
validity of applications and Participants (including a
Participant's identity, age, place of residence, address or account
details (as applicable) for the receipt of the Rewards and, where
applicable, proof of purchase). Proof of identity, age, residency,
address or account details and purchase considered suitable for
verification is at the discretion of the Promoter.
18. The Promoter reserves the right in its sole discretion to
disqualify any individual who it has reason to believe has breached
any of these terms and conditions, or engaged in any unlawful or
other improper misconduct calculated to jeopardise the fair and
proper conduct of the promotion. The Promoter's legal rights to
recover damages or other compensation from such an offender are
19. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE
LEGITIMATE OPERATION OF THIS PROMOTION, MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER
SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW.
20. If this promotion is interfered with in any way or is not
capable of being conducted as reasonably anticipated due to any
reason beyond the reasonable control of the Promoter, the Promoter
reserves the right, in its sole discretion, to the fullest extent
permitted by law, to modify, suspend, terminate or cancel the
promotion, as appropriate.
21. The Promoter will make reasonable efforts to deliver the
Reward(s) to successful Participant(s). To the extent permitted by
law, the Promoter and its suppliers take no responsibility for
Rewards damaged or lost in transit, and once a Reward has left the
premises of the Promoter or its supplier, the Promoter will not be
responsible for any delay or failure to deliver, or damage caused
to the Reward during transit. Any part of any Reward that is not
taken for any reason is forfeited. Any taxes which may be payable
as a consequence of a Participant receiving a Reward are the sole
responsibility of the Participant.
22. Under the Australian Consumer Law (and other similar
legislation of Australian states and territories), certain
statutory guarantees are conferred in relation to the supply of
goods or services to a Consumer ('Consumer
Guarantees'). Where a Participant as a Consumer acquires
goods and services under these terms and conditions from the
Promoter as a supplier and:
(a) the goods or services are PDH Goods or
Services, the operation of the Consumer Guarantees cannot be, and
are not in these terms and conditions, excluded, restricted or
(b) the goods or services are not PDH Goods or
Services, the Promoter limits its liability for a failure to comply
with any Consumer Guarantee (other than where to do so would
otherwise cause all or part of this clause to be void) to (at the
Promoter's option): (i) in the case of goods, repairing or
replacing the goods or paying the cost of having the goods repaired
or replaced; and (ii) in the case of services, re-supplying the
services or paying the cost of having the services re-supplied,
and the Promoter does not exclude or limit the operation of the
Consumer Guarantees under any other provision of these terms and
conditions or in any other manner and Participants agree it is fair
and reasonable in all the circumstances for the Promoter's
liability to be so limited.
23. The Promoter excludes from these terms and conditions all
representations, guarantees, conditions, warranties, rights,
remedies, liabilities and other terms that may be conferred or
implied by statute, general law or custom, except any guarantee or
right conferred under any legislation (including the Australian
Consumer Law), the exclusion of which would contravene legislation
or cause part or all of this clause to be void.
24. Except for any liability under the Consumer Guarantees and
any other liability that cannot be excluded by law, the Promoter
(including its officers, employees, agents and suppliers) excludes
all liability (including in negligence), for any personal injury or
any other Losses (including loss of opportunity), whether direct,
indirect, special or consequential, arising in any way out of the
promotion, including, but not limited to, where arising out of the
following: any technical difficulties or equipment malfunction
(whether or not under the Promoter's control); any theft,
unauthorised access or third party interference; any application
for a Reward that is late, lost, altered, damaged or misdirected
(whether before or after its receipt by the Promoter) due to any
reason beyond the reasonable control of the Promoter; any variation
the value of a Reward; any tax liability incurred by any
Participant; any Reward; or the use of any Reward.
25. The Promoter's decision in relation to any aspect of the
promotion is final and binding and no correspondence will be
entered into. Failure by the Promoter to enforce any of its rights
at any stage does not constitute a waiver of those rights.
26. By applying for a Reward, Participants consent to the
Promoter using the personal information they provide for
facilitating the promotion, providing Rewards where applicable
(and, where they so opt, for future promotional, marketing and
publicity purposes), and to the Promoter disclosing that
information to its related bodies corporate and contractors for
those purposes. Participants may ask the Promoter to access their
personal information and request that corrections be made to
27. The Promoter may use the name and photograph of any
Participant who has successfully applied for a Reward for
promotional purposes and without compensation, except where a
successful Participant advises the Promoter otherwise when
accepting the Reward.
request to access, update or correct any information should be
specifically directed to the Promoter at Locked Bag 2055, Lidcombe
29. The Promoter may change these terms and conditions from time
to time in its discretion, by posting the revised terms and
conditions (or a link to them) on the Promotional Website.
Participants should regularly check the Promotional Website for any
updates. By applying for a Reward or entering details into the
Promotional Website, Participants are deemed to have accepted the
version of these terms and conditions that applies at that
30. These terms and conditions are governed by the laws of New
31. In these terms and conditions:
(a) 'Australian Consumer Law'
has the meaning given to that term in section 4 of the
Competition and Consumer Act 2010 (Cth);
(b) 'Authorised Reseller' means
the authorised resellers of Nikon products nominated by the
Promoter from time to time at http://mynikonlife.com.au/partners/buy-local-buy-peace-of-mind/nikon-australia-authorised-resellers,
but excludes any resellers or stores identified on the Promotional
Website as inapplicable for this promotion at the time an
application for a Reward is made;
(c) 'Consumer' has the meaning
given to that term in section 3 of the Australian Consumer Law;
(d) 'Losses' means any
liabilities, losses, damages, costs and expenses (including legal
costs and expenses, regardless of whether incurred or awarded)
arising in contract, tort (including negligence) or otherwise;
(e) 'PDH Goods or Services'
means goods or services of a kind ordinarily acquired for personal,
domestic or household use or consumption.
All of our print products are packaged with care to ensure your
parcel arrives in exceptional condition. When ordering online the
offers aren't printed in store they're printed in the Camera House
Print Warehouse. Designs used for illustrative purposes only.
Product templates may vary. Products and colours may vary in
between stores. Some products, bonuses, prices, offers, finance or
warranty arrangements may not be available at all Camera House
stores. Please enquire with your local store to check availability.
To locate your nearest Camera House store call 133 686 or you may
also visit www. camerahouse.com.au If a Camera House store has
sold out of, or is temporarily out of stock of any item contained
in the catalogue, then that store will offer each person who
requests supply of that item during the catalogue period, a rain
check, so that the person may purchase, from that store, either,
later a product the same as that item at not greater than the
advertised price for that product, or an alternative product of no
less value or quality and with comparable features at a price not
greater than the advertised price. Specifications of an advertised
item subject to change without notice. Errors and omissions
excepted. Images are used for illustrative purposes only. Credit
Card surcharge may be applicable. Please enquire with your local
store to check finance availability on 133 686 or visit www.camerahouse.com.au Full terms and conditions can
be seen at /terms-and-conditions.
Win a Vivid Experience Terms and Conditions
- Information on how to enter forms part of the terms and
conditions of entry. Entry into the promotion is deemed acceptance
of these terms and conditions. Headings in this document are
included for ease of reference, and do not affect interpretation in
- The promoter is Raleru Ltd T/A Camera House (ABN 52 002 575
340) Unit 4, 108-120 Old Pittwater Road Brookvale NSW 2100
(Telephone number 02 8978 8700) (Promoter).
- All references to time in this document are a reference to the
local time in Sydney, Australia time on the date stated. The
promotion commences at 8.00am on 7th April 2016 and
closes at 23.59pm on 1st May 2016 (Promotion
Eligibility to enter
- Entry is open only to Australian residents aged 18 years and
over (Eligible Entrants), excluding directors,
management, employees and their immediate families of the Promoter
and its related bodies corporate and registered travel companions
of employees of the Promoter and its related bodies corporate.
Entry into the promotion
- To enter, Eligible Entrants must during the Promotion Period
enter all required fields on camerahouse.com.au/promotions
- The Promoter is not responsible for any lost, late or
- Multiple entries are permitted, however only one entry per
product purchase over $100 is permitted per Eligible Entrant.
- The time of entry will be deemed to be the time the entry is
received by the Promoter.
- The Promoter reserves the right, at any time, to verify the
validity of entries and Eligible Entrants (including an entrant's
identity, age and place of residence) and to disqualify any entrant
who tampers with the entry process. Failure by the Promoter to
enforce any of its rights at any stage does not constitute a waiver
of those rights.
Drawing of entries
- The draw will take place at 3.00pm on 16th May 2016
at Unit 4, 108-120 Old Pittwater Road Brookvale NSW 2100. The draw
will be conducted by the Promoter (Drawer).
- The result of the draw is final and no correspondence will be
- There will be one prize. The maximum total prize pool value is
approximately AUD$6,000 based on the recommended retail value at
the time of printing. The Promoter accepts no responsibility for
any variation in the value of the prizes.
- The prize includes the following for two people.
a) Return Business flights to Sydney Airport from any interstate
b) 2 nights' accommodation in a one-bedroom deluxe suite (choice
of twin or double bedding configuration, subject to availability)
at a 5-star Hotel. Guest credit card details to be provided upon
check in to the hotel.
c) $1000 VISA Gift Card for you to use as you wish, recommended
spending money whilst on the experience.
- The prize does not include travel insurance, meals, or any
other costs of a personal nature. Compliance with any health or
other government requirements is the responsibility of the
prize-winner and companion. The Promoter makes no representation as
to the safety, conditions or other issues that may exist at any
- Prize travel and accommodation must be advised two weeks prior
to travel and must be booked at the time of the VIVID Sydney event
27th May - 13th Jun 2016. There can be no changes to travel
arrangements once tickets have been issued or accommodation
bookings once the reservation is confirmed.
- Each prize must be taken as stated and no compensation will be
payable if a winner is unable to use the prize as stated. Prizes
are not exchangeable or redeemable for cash or other goods or
services. A prize cannot be transferred to any other person, unless
agreed to by the Promoter. It is a condition of accepting a prize
that the winner accepts the conditions of use of that prize.
- If the prize (or part of the prize) is unavailable, the
Promoter, in its discretion, reserves the right to substitute the
prize (or that part of the prize) with a prize to the equal value
and/or specification, subject to any written directions from a
Notification of the winner
- The winner will be notified by email by within 2 business days
after the draw and their name will be published on
camerahouse.com.au/promotions within 2 days after the
Right of the Promoter to redraw
- The Promoter reserves the right to redraw in the event of an
entrant being unable to satisfy these promotion terms and
conditions or forfeiting or not claiming a prize. Any winners
determined in accordance with clause will be notified by email by
within 2 business days after the draw and their names will be
published on camerahouse.com.au/promotions within 2 days after the
Canon Double Cashback Terms & Conditions
Campaign Terms and Conditions
Promotional period is from 3rd - 16th
November. Canon 2 Year Warranty is provided by Canon Australia Pty
Ltd. The Canon Cashback promotion is open to individual Australian
residents only. Purchase a selected Canon camera or kit from an
authorised Canon Australia retailer between 9.00am 1/11/2016 and
11.59pm 31/01/2017 to claim a cash back. Spend $200 or more on any
other Canon products in the same transaction to double your cash
back. Cash back varies per model. Cash back via claim only,
submitted by 28/02/2017. Retain original receipt. Each authorised
retailer stocks different models and stocks of some models may be
limited. See canon.com.au/doublecashback how to claim and full
terms and conditions. Products and colours may vary between stores.
Some products, bonuses, prices, offers, finance or warranty
arrangements may not be available at all stores. Please enquire
with your local Camera House store to check availability. To locate
your nearest Camera House store call 133 686 or visit
camerahouse.com.au. If a Camera House store has sold out of, or is
temporarily out of stock of any advertised product in this
catalogue, then that store will offer each person who requests
supply of that item during the catalogue period a raincheck so that
the person may purchase, from that store, either the product to
collect at a later date, or an alternate product to equal
specifications at the same price as the product wanted.
Specifications of an advertised item subject to change without
notice. Errors and omissions excepted. Images are used for
illustrative purposes. Credit card surcharge may be applicable.
Please enquire with your local store to check finance availability
on 133 686 or visit camerahouse.com.au. Full Terms and Conditions
can be seen at camerahouse.com.au/terms-and-conditions.