Welcome to the Print@FIS internet service (“Service”) provided to you by FUJIFILM NZ Ltd - Cnr of William Pickering Drive and Bush Road, Albany, Auckland, New Zealand. PO Box 101-500, North Shore Mail Centre 09 414 0400. When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service and this website which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.

Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service or this website. By entering this website and using the Service, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM New Zealand that you will comply with the Terms and Conditions and use the Service or this website only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access this Service or this website or use any of its services.

1.         Becoming a Member

You will become a member of the Service once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us (or from the store which you have requested upload your images or photographs to the Service) by email, confirmation of your membership. Once you are a member of the Service we will enable you to use all of the photo services described on this site for members. We only permit one membership for each genuine email address.

2.         Your Password and Account

You are responsible for maintaining the confidentiality of your password and account details. If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email.

3.         Termination of Membership

We reserve the right to terminate the membership of any member who breaches any of these Terms and Conditions, or for any other reason, which may include the removal or deletion of their materials. We are not responsible for any loss of data resulting from removal of or deletion of materials.

4.         Your Copyright

Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to the Service via stores using the Service, or which you upload at home.

We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service, and to fulfil print orders made for your images and photographs, you grant to us and to any store which you have requested upload your images or photographs to the Service or which fulfils print orders of your images or photographs, a perpetual world-wide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.

You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.

COPYRIGHT CLAIMS
We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member's responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member's membership.

5.         Intellectual Property Rights

Any trademarks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.

You should assume that all of the content made available to you through this Service or this website, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.

Except as otherwise provided in this clause 5, Fujifilm NZ Limited owns all copyright and other intellectual property rights in this website. All rights are reserved. You may download and temporarily store one or more of these pages for the sole purpose of viewing on a personal computer or monitor. Otherwise, you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creative derivative works or use in any other way for commercial or public purposes any part of this website except as expressly permitted by these Terms and Conditions or with the prior written consent of Fujifilm NZ Limited.

6.         Altering Terms and Conditions

We reserve the right to alter these Terms and Conditions at any time without notice to you, and any amended Terms and Conditions will be effective immediately upon posting of the amended Terms and Conditions on this website. We will not be held responsible for any costs incurred by a member as a consequence of these Terms and Conditions changing. Your continued use of this website represents your agreement to be bound by the Terms and Conditions as amended from time to time.

7.         Materials and Content Not Permitted on this Service or this Website

You are hereby advised that any image or photograph submitted by you to the Service is subject to our review.

We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws.

Any perceived violations of laws including (but not limited to) laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws.

Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any store to the Service any image or photograph the content of which:-

• is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years;
• is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
• is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person;
• in our opinion reflects badly on the Service or this website.

• to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service or this website available to you, to liability or adversely affecting the name, reputation or business or us or any such third person;
• to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service or this website to be impaired;
• to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service or this website to be impaired.

8.         Disclaimer of Warranty and Limitation of Liability

This statement is not intended to exclude or limit any rights which you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

To the extent permitted by law, the Service, this website and all products and services provided by us are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.

Your accessing or use of the Service or this website is at your own risk. Neither the Service nor this website is warranted to be error free or uninterrupted. We disclaim any warranties for the security, accuracy, reliability, timeliness and performance of the Service or the information on this website. Neither we nor any other person involved in the creation, provision or maintenance of the Service or this website shall be responsible for interruption of the Service or this website, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service or this website.

In the event of any loss, damage or mishandling of your film or digital image by us, our affiliates, agents or employees, for any reason whatsoever, even where due to negligence or other fault or if unauthorised access is gained or misuse of an image is made by any third party, our liability shall be limited, at our option, to replacement of an equivalent amount of unexposed film and processing, uploading to the Service, reprinting an image for you or refund of any monies paid by you to us. This is your exclusive remedy for any loss, damage or mishandling.

Except as expressly provided in the immediately preceding paragraph to the fullest extent allowed by the law neither we, nor any other person involved in the creation, provision or maintenance of the Service or this website, shall be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Service or this website.

You agree to indemnify and keep Fujifilm NZ Limited indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Service or this website, whether in tort, contract, equity or otherwise.

9.         Governing Law

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

10.         Severability

If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us.

11.         Entire Agreement

These Terms and Conditions constitute the entire agreement between us with respect to the use of the Service or this website.

12.         Waiver

The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.

13.         Returns

Please check your photos on collection from your chosen Fujifilm Image Service store, and let the store know if you have any queries about your photos.

14.         Privacy

The privacy of your personal information is important to us. Please view our Privacy Policy.

15.         Definitions

In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“we” or “us” means FUJIFILM New Zealand Limited including, its employees, agents or sub-contractors.

16.         Photo Storage

The Service’s photo storage facility is known as My Photo Storage.
Effective from 27 February 2004, new arrangements apply in relation to photo storage on this Service:

• New memberships will receive 120 days free storage from the date of activation.
• Existing members will receive 120 days free storage.

Thereafter a member will maintain free storage for their albums provided that a verified print order is made at least once every 120 days either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 120 days i.e., the 120 days free storage period re-starts with each print order. Maximum free storage at any point in time is 120 days.

Should a member not wish to generate orders on the above basis, a member may purchase photo storage at the rate of A$19.95 per annum (including GST) per block of 300 photos. This rate may vary from time to time, at our discretion.

If neither of the above options is chosen, we will, without further notice to you, remove and/or delete your photo albums.

We are not responsible for any loss of data resulting from removal and/or deletion of materials.

17.         Linked websites

This website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Fujifilm NZ Limited is not responsible for the content or privacy practices associated with Linked Websites.

Links with Linked Websites do not constitute an endorsement, approval or recommendation by Fujifilm NZ Limited of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.

You must not create a link to any part of this website without the prior written consent of Fujifilm NZ Limited. If you do create a link to any page of this website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep Fujifilm NZ Limited indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.

18.         Cookies

This website uses limited “cookie” technology. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites. The cookies used on this website are “session” or “transient” cookies; they are erased from your hard drive when you close your web browser, and will only store information in the form of a session identification that does not personally identify you as the user.

Some other Fujifilm NZ Limited websites also use cookies. You will have the opportunity to decide whether or not to accept the cookie. You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser.

Any information that Fujifilm NZ Limited may obtain from you through cookies will be treated in accordance with the Privacy Policy.