Welcome to Getdigital

Welcome to Getdigital Photos. Getdigital has designed this web-site to offer its members and friends a fun, convenient, fast and safe way to order, share, store, and edit digital photographic products. (“the process”). It is recommended that you carefully read the Terms and Conditions as described below (“General Terms and Conditions”) before continuing to use Getdigital's web-site and its services (“the service”). Any promotional offers that Getdigital may offer from time to time will be added to the General Terms and Conditions appearing below.

Getdigital Terms and Conditions

By entering and continuing to use this Site, you confirm that you accept these General Terms and Conditions and that you agree to be bound by them. In accepting these Terms you agree to a binding contract between you and Getdigital that you will use the Service only in a manner as described in these General Terms and Conditions. If you do not agree with these General Terms and Conditions, it is recommended that you do not access, enter use or continue to use this service.

1. Membership Application and Terms

In order to use the service you must create a membership account which involves providing Getdigital with relevant information such as your name, address, and email details. The requested information you provide to us must be accurate and current as Getdigital will use this information to complete processing and enable you to properly use the services.

In order to maintain active membership of GetDigital you must make a purchase at least once every calendar year (Jan to Dec inclusive), of any of the products on offer. Any Purchases made through Getdigital third-party partners or business associates are not considered to be a relevant purchase for maintenance of membership. For any reason if you do not meet this requirement , Getdigital may terminate your membership and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.

2. Membership Benefits - Digital Image Storage & Back up

An active membership entitles you to a free unlimited storage space of digital images. There is no limit to the Content you can upload. When you upload image Content to the service, the original resolution of your Content may be affected depending on the upload speed you choose. However at Getdigital's discretion we may resize any images uploaded to the service regardless of the upload speed you choose if the image is over 10meg.

It is advisable and recommended that you should always keep at least one copy of all images transmitted when using "the service". Getdigital is not liable for any costs incurred that in the unlikely event that your images are lost, damaged or destroyed due to any cause whatsoever including any negligence or any other faults to the service caused by GetDigital or any other source. You should not rely on the service to be the only source for storing your images.

3. Member's Conduct

Getdigital is committed in providing a fun and friendly virtual environment in promoting your creativity and enabling you to process all of your photographic needs. Users of the service, whether or not members, are not permitted to use the service to process Prohibited Content as defined. Prohibited Content is defined to mean and include Content or other material that:

•  Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate as deemed by GetDigital;

•  Comprises copyrighted material used without the express permission of the owner;

•  Violates or otherwise encroaches on the rights of others including their right to privacy;

•  Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");

•  Advocates illegal activity;

•  Harms anyone, including minors; or

•  Provides a web or other link or reference to any of the matters referred to in paragraphs (a) – (f) inclusive.

Getdigital may in its sole discretion to determine what Content is Prohibited Content, and any Content submitted to the service may be subject to review scrutiny or examination by GetDigital from time to time. Getdigital may delete, move, and edit any Content for any reason, at any time, without notice.

All Content that is processed on the Site is the sole responsibility of the person who submitted it. Therefore, you are responsible for your posted or uploaded Content. You may only upload Content where you have the consent of all persons pictured, including through your relationship with those persons.

You must not send emails or SMS using the Site unless you have the recipient's consent or you are comfortable that your relationship with the recipient is such that the recipient would consent to receiving the email or SMS.

By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.

Getdigital in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.

4. Image Selection

The service provides a “what you see on screen is what you will get” model. The service will adjust your image (whether it is a 2:3 ratio or 3:4 ratio image) and show you what you would actually receive once it has been processed and printed according to the product and size selected. You are able to freely edit, zoom, and move your image to suit. You are in full control of how you want your image to be printed. Furthermore, you agree to carefully select the images, size, range, qty, number of pages, position, and so on that you wish to be digitally printed and agree to pay for them.

Getdigital assumes that once you proceed past the "send order" step of the order process and receive your confirmation of the order, any images that make up part or all of that order are those that you wish to be processed and printed. Unless it can be proved GetDigital is at fault under no circumstances will Getdigital credit, reprint or refund any "unwanted" “or error request” images or order.

5. Collection of Processed Order

A Getdigital account / agent will only release the completed order to you if you have a printed copy of the invoice sent to you via an email from the service. Therefore, you must bring the printed invoice when collecting your order from your nominated Getdigital account / agent. The Getdigital account / agent will be authorised to only release the order to the person who presents the relevant documentation.

6. Unclaimed Paid Orders

Once a payment and order summary is confirmed when using "the service", Getdigital deems this as confirmation of acceptance of "the service" and therefore a refund will not be given if you fail to collect your order from your nominated Getdigital account / agent.

Unclaimed Orders

An unclaimed order of more than 3 months from the time the order was placed using "the service" will be considered "unclaimed" goods and Getdigital has the right to instruct Getdigital's account / agent to either dispose of the order or send the order back to Getdigital for disposal. Getdigital may at its sole discretion contact the person who made the order to compensate it for any losses incurred by either Getdigital or the Getdigital accounts / agents in handling, processing and printing the order.

7. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our privacy policy.

8. Copyright

In using the Service, you become a participant in an online community of people who enjoy photography. In order for Getdigital to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, Getdigital requires the right to make use of all Content forwarded for use on the Service. Accordingly, as a condition to your Membership, you hereby grant Getdigital a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of assisting GetDigital to provide the Service. As a condition to Membership, you represent and warrant to Getdigital that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Getdigital has a process in place to respond to your concerns.

9. Indemnity to Getdigital

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

10. Limited Warranty

(A) IN NO CIRCUMSTANCES WILL GETDIGITAL OR GETDIGITAL AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF PROVIDING SUCH CONTENT.

(B) ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. GETDIGITAL WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, GETDIGITAL'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR GETDIGITAL TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.

GETDIGITAL MAY REFUSE A REFUND OR REPRINT IF THE ORGINIAL IMAGE(S) IS NOT COMPATIBLE WITH GETDIGITAL PRINTING CAPABILITIES, HAS BEEN MANIPULATED OUTSIDE ITS PRINTABLE CAPACITY, TAMPERED, CHANGED AND CONTRARY FOR ITS INTENDED PURPOSE OR FORM, BEEN INFECTED WITH A VIRUS OR ANY SORT OF HARMFUL SOFTWARE OR HARDWARE RELATED FILES PRIOR TO USING THE SERVICE.

(C) EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, GETDIGITAL AND GETDIGITAL AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GETDIGITAL MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. GETDIGITAL MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

11. LIMITATION OF LIABILITY

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


12. Termination

Getdigital may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Getdigital elsewhere within the Service, (ii) conduct Getdigital believes is harmful to other Getdigital users, the business of Getdigital, or (iii) failure to maintain Active Membership in the Service. Getdigital will not be liable to you or any third-party for any termination of your access to the Service.

13. Choice of Law

These Terms and Conditions are governed by the State and Federal laws of Australia and any disputes relating to them shall be heard in their respective state.

14. Modification of Terms

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

15. Modification of The Service and Prices

Getdigital may amend the products and services, prices, delivery arrangements, store collection pick up points and so on (collectively the service) at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Getdigital will be prospective only.

16. Entire Agreement

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

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

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

PROMOTIONAL TERMS & CONDITIONS

8 FREE PAGES ON CLASSIC & PREMIUM PHOTOBOOKS

- Offer is valid until 31 May 2008

- Offer can not be used in conjunction of any other product or offer

- Minimum 32 pages must be purchased to claim offer

- Offer can be redeemable once per order but no restriction of number times per day, just once per order.

- If order contains more then one classic and/or premium book, only one of the book can be redeemable.  

- Offer only applies to Classic and Premium Photo books

- Postage and Handling Fees Apply

- Every extra page order after the 8 FREE pages is charged at the normal RRP price as per our pricelist