The term ‘The Policy’ refers to the content of this document in its entirety.
Terms and Conditions
The term ‘Robert Zamperoni’ or ‘us’ or ‘our’ or ‘we’ or ‘Mackay Film’ refers to Robert Zamperoni, the owner of the Website. The term ‘you’ or ‘your’ or ‘customer’ refers to the website user.
Copyright in the Material on the Website is owned or licensed by Robert Zamperoni.
Except where necessary for and incidental to viewing the Material on the Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable lays, no Material on the Website may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Robert Zamperoni.
Your use of this website is subject to the following:
The Website, its content and payment processors are hosted on third party servers neither owned or operated by Mackay Film. Although Mackay Film takes commercially reasonable measures to protect personal information, such as administrative measures and website SSL encryption, by continuing to use the website or third party payment processors available on The Website, you accept you provide your personal information at your own risk.
Not to disrupt or interfere with any other user’s enjoyment of the Website or Linked Websites.
Not to misuse the Website by knowingly introducing viruses or other malicious or harmful programs or technology or by using devices, processes or software (of any nature) which may interfere with the functionality of the Website or any process conducted on or through the Website.
Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.
We do not sponsor, endorse or approve of the operators of Linked Websites, or Material on Linked Websites.
The content of this website is for your general information and use only. It is subject to change without prior notice.
Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We do not guarantee that the Website or Linked Websites will be free from viruses, or that access to the Website or Linked Websites will function as intended or be uninterrupted. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
Unauthorised use of this website may be a criminal offense and/or give rise to a claim for damages.
This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website or Linked Websites.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We operate under the laws and regulations of the State of Queensland. Therefore any legal disputes will be conducted in courts or tribunals situated in Queensland and under the laws and regulations of Queensland.
Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mackay Film reserves the right at any time after receipt of your order to cancel your order in full, or part of your order, for any reason, including:
Incomplete or erroneous orders, or errors in the advertised product or service;
Unavailability of the product;
- Inability to process the order;
Mackay Film also reserves the right to limit the quantity of products ordered by a Customer. If your order has been canceled we will contact you within a reasonable time frame and refund you the amount paid by the Customer in respect to the canceled order.
Price and payment
If payment is not received in full or is declined by a Customers credit card issuer or bank, Mackay Film will not hold the product or service against the order, the order will be canceled. Mackay Film will refund any portion of the purchase price paid if it is applicable.
By accepting the terms of The Policy you authorise Stripe, on behalf of Mackay Film, to provide the payment services to you. You also accept their associated Terms, Conditions and Privacy Policies.
Mackay Film and Stripe maintain commercially reasonable administrative, technical and physical procedures to protect personal information that is entered on our website from unauthorized access and accidental loss or modification. However, Mackay Film cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Where applicable prices are inclusive of GST.
Recovery of monies owed
In the event that Mackay Film needs to recover monies owed then all costs of recovering this money will be worn by the debtor.
Although not obligated to do so, we will give a ‘Change of Mind’ refund to select goods (at our discretion). We must be notified in writing within 7 days from the date of purchase for a ‘Change of Mind’ refund to be accepted. If freight expenses of any type have been or will be incurred, these are not refundable and are payable by the customer. Change of Mind refunds are limited to purchases under $100 Australian dollars. Change of Mind refunds will not be offered for digital downloads, photographic film products or services.
Unless otherwise stated in our store, Mackay Film’s warranty period is 3 months from the date of purchase. 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 major failure. If any defect in materials or workmanship in product sold by Mackay Film is identified and notified to us within the warranty period then we will, at our discretion repair or replace the product. Mackay Film does not accept any liability beyond this for consequential loss. Warranty is subject to us being satisfied that a defect was not caused by, or was not substantially contributed to by, other factors beyond our control, including (but not limited to) defective installation, maintenance, or repair; alterations or modifications of the product in a manner not recommended by the manufacturer; or any neglect, misuse or excessive use. To claim under warranty, notify us and return the product to us within the warranty period and with all original sales receipts to provide a starting date of the warranty period. Freight to and from Mackay Film is required to be paid by the customer.
Any statutory warranties applicable to your purchase will be honored by Mackay Film in addition to the warranties set out herein. If there is any conflict between any warranty herein contained and a statutory warranty, the terms of the statutory warranty will prevail.
Film, film development services or scanning services are sold (or provided) on a no-returns no-refunds basis.
Glossary of terms:
- Processing: the act of fulfilling a customers order;
- Development: a chemical process used to produce a negative or positive image on a film strip after exposure to light;
- Development request form: the online form used to access Mackay Film development or scanning services;
- Possession: film at the premises of and under the direct control of Mackay Film;
- Film damage: film that has undergone a process that lowers or reduced image reproduction quality.
Film – general
In the unlikely event that any of your film is lost while in the possession of Mackay Film, or in the possession of a contractor appointed by Mackay Film (excluding the postal service), the client (you) must action any intent to make a claim within seven days of the loss or film damage.
In all cases, Mackay Film, and it’s suppliers and distributors, will not be liable for discrepancies in results provided to the client, and any loss or film damage to the clients film, or other material. No variation in colour, tone or other aesthetic traits will render them liable for refund, so long as such limitation does no infringe on the rights of customers as stipulated in the trade practices act.
The client acknowledges that this limitation of liability may be pleaded by Mackay Film as a way to cease subsequent action by the customer in excess of replacement film, films and materials.
Film – development
The Customer agrees to and is also bound by the following when choosing to use our photographic film development services in part or in full. The Customer agrees:
Processing is dependent on Mackay Film workloads. Processing does not include time spent in transit to and from Mackay Film by others.
- Development request forms submitted to Mackay Film in error, with errors present, or film orders received (via mail) without clear labels may experience delays in processing until the errors can be corrected.
- Mackay Film is not liable for any losses or costs incurred by the customer to capture their photographs, should the customers film be damaged or lost whilst in the possession of Mackay Film.
- Mackay Film may extend a customers order processing time (at no additional cost to Mackay Film) as a result of unforeseen or unplanned circumstances, broken equipment, weather events or other events.
Liability of Mackay Film for film damage or lost film whilst in the possession of Mackay Film is limited solely to $13 AUD each per roll of film.
Mackay film processes all Black and White films in Kodak D’76 or Xtol (at the choice of Mackay Film).
Film contaminated by dust, small particles, matter, or other containments, whether by Mackay Film or others will not constitute film damage, this includes dust contamination during scanning of film.
- Undeveloped film edges will not constitute film damage (for example, undeveloped regions of film near sprocket holes).
Film damage such as expired film, faulty film, physically damaged film (bent, crushed, ripped etc.), film that has undergone a colour shift, heat damaged film, film subject to X-Rays, film damaged in the customers camera, scratches, will not constitute grounds for an order refund once said film is processed by Mackay Film.
- Prices of products and services can be found on the website and are subject to change without prior notice.
Processing of film will not commence until payment for the nominated services is received in full.
No refunds are given for rolls that develop blank due to fault from the customer.
Mackay Film will not be liable for losses or damages to films that travel via postage services, courier services or by others.
Through requesting Mackay Film to return developed film via the Letter Post service, the customer acknowledges that films may be subject to damage during transit, including but not limited to bending, squashing, water damage, impacts, heat exposure or damage from processing machinery. Mackay Film will not be liable for such damages.
- The customer must notify Mackay Film as soon as possible if an error has been made in the labeling of films sent to Mackay Film.
Film scanning is completed in accordance with the scanning specification aka “FILM SCAN MEMORANDUM”.
Films marked as No Postage, unless otherwise stated during the ordering process, will not be stored for any time longer than required by Mackay Film to fulfill the customers processing request. Films not returned to the customer as part of the purchase agreement between the customer and Mackay Film will be destroyed by Mackay Film after Mackay Film has fulfilled the customers order request. Mackay Film will not accept and is not liable for any losses, damages and will not provide refunds for film destroyed in this manor.
Film – vintage film scanning
- Mackay Film will not ‘restore’ films beyond digital scanning. Mackay Films exposure to your films will be via acceptable and required handling for scanning and postage. Only where required, films will be lightly air blown to remove surface matter or dust.
- Mackay Film is not a restoration or preservation facility. Mackay Film does not offer restoration services or preservation services, beyond scanning of films as outlined in the specifications or product descriptions.
- Films will be handled with reasonable care, however Mackay Film will not be liable for further film damage.
- Films not developed by Mackay Film, shall be classed as “deteriorated” as their age or previous handling cannot be verified.
- Mackay Film cannot undo the effects of age and previous film damage.
- No refunds are given to vintage film scanning services.
- Mackay Film reserves the right to refuse scanning of any film, if it is deemed too fragile by Mackay Film for the scanning process.
- Mackay Film does not scan glass plate films.
- Mackay Film reserves the right to refuse scanning of films suspected of being dangerous (films or photographic material that is not classed as Safety Film by the manufacturer shall be deemed as dangerous, typically, this is photographic material made prior to 1950’s).
Mackay Film does not collect, sell, rent, or otherwise distribute email addresses. We also do not solicit or collect any emails unless you make a request for reuse of our content or advertising inquiries or other general inquiry. All discussions by email are completely confidential unless we obtain written consent from you.
Digital content policy
Mackay Film offers digital content as part of our products & services to our customers. By purchasing our products or services, The Customer agrees to our Digital Content policy that accompanies those files. Should no Digital Content policy accompany a package of files the following conditions shall be applicable:
Our website has digital content available for download. This digital content is made available to you subject to both our general terms and conditions and the following (which you accept and agree to comply with by opening and retaining the files contained within the downloadable package/s that are available).
The digital content must only be used for the purpose for which it is intended (private viewing and non-commercial uses) unless otherwise noted. It may not be used for any other purpose without Mackay Film’s prior written consent.
The original digital content must not be amended.
The digital content must not be distributed without this notice, or any other notice forming part of the package/s.
The files must be scanned for viruses before use and prior to opening. Mackay Film accepts no responsibility for any loss or damage resulting from the files &/or disks containing viruses.
In order to make purchases and access some features of the Website, you can create an account.
Information you provide to Mackay Film during your account creating will be stored in accordance with The Policy.
To register your account you must provide valid and current personal information (discussed above). The customer agrees that it is your responsibility to keep your password secure and not allow others to access your account. If You suspect your account has been accessed without your authorisation you agree that you will notify Mackay Film immediately using the contact details provided on The Website.
Collection of Information
Mackay Film collects information from you when you provide it to us or someone else provides it to us on your behalf. This includes payment information which are not stored on servers owned or operated by Mackay Film. Sensitive and personal information is only transmitted in an encrypted form.
- Street Address
- Email Address
- Account password
- Account username
- Credit card or other Payment information – this information is handled by our payment processor/s and is not stored on servers owned or operated by Mackay Film. Payment processors used by Mackay Film are:
Please refer to the relevant policies on these payment processors and their treatment of your personal information.
Use of information
We collect personal information to:
Manage our relation ship with you including, communication, billing your for products or services, assisting you, investigating complaints made by you.
Improve our products and services.
Provide our product and services to you.
We may from time to time send you electronic communications for the account administration purposes.
Disclosure of information
Mackay Film will not disclose your personal information to others unless required by law, or if required to carry out our service to you.
Mackay Film does not sell or receive payment for licensing or disclosing your personal information.
This policy was last updated on: 02/07/2018