Policies

Policies

The term ‘The Policy’ refers to the content of this document in its entirety.

Terms and Conditions

Welcome to our website. This website with URL address https://mackayfilm.com.au is owned and operated by Robert Zamperoni. Should you continue to use this website, purchase products, access or download digital content or purchase services from the website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Robert Zamperoni’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

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.

Orders

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;

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.

Refunds

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.

Warranties

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.

Statutory warranties

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 and film development services are sold on a no-returns no-refunds basis.

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 damage.

In such a circumstance that a claim is made, the liability of Mackay Film will not be in excess of:

  • The replacement value of the film damaged or lost (This is for films that are currently manufactured only. Discontinued films and films no longer in manufacture will be replaced with the closest currently manufactured stock available for common purchase in Australia. Rare and expired films will not be replaced like for like.)

  • The appropriate charges Mackay Film were invoiced for the job(s).

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 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 products and services

Notwithstanding The Policy, The Customer agrees to and is also bound by the following when choosing to use our photographic film processing services in part or in full. The Customer agrees:

  1. Processing time is dependent on Mackay Film workloads, which can range from overnight processing to 5 working days, from receipt of the film by the postal delivery service (others). Should internal film processing delays persist longer than 5 working days Mackay Film will provide notification to the Customer. Processing time does not include time spent in transit to and from Mackay Film by others.

  2. Development Request forms submitted to Mackay Film in error, with errors or film orders received without clear labels may experience delays in processing.

  3. Mackay Film will not be liable for any losses or damages above and beyond the cost of the film lost or damaged by Mackay Film.

  4. Mackay Film will not be liable for losses or costs incurred by the customer during the capturing of information on the received film, should the said film be damaged or lost whilst in the possession of Mackay Film or others.

  5. Liability of Mackay Film is solely limited to the replacement value of the damaged or lost film stock at current market value, on a discretionary basis only and for stock that was received by Mackay Film on or before the use-by-date imprinted on the packaging by the manufacturer (either but not limited to the serial number on the film or on the films original packaging). Mackay Film reserves the right to obtain multiple quotes when replacing film stock. Mackay Film will not replace film no longer manufactured. Mackay Film will not replace film that was received in packaging other than packaging of the films manufacturer or finisher (re rolled or modified films by others available for purchase will not be replaced).

  6. Mackay film does not process photographic film requiring processes or chemicals that are no longer supported or manufactured by manufacturers. Film processing supported by Mackay Film is outlined on The Website.

  7. Film contaminated by dust, small particles, matter, or other containments, whether by Mackay Film or others will not constitute damage to film, including dust contamination during scanning of film.

  8. Incorrectly labeled film, expired film, faulty film, damaged film, film that has undergone a colour shift, heat damaged film, film subject to X-Rays or film damaged during the processing phases by faulty chemicals provided to Mackay Film by others will not be replaced by Mackay Film.

  9. Film not directly available in Australia will not be replaced, or will be replaced with the closest alternative available on the Australian market, and on a discretionary basis only.

  10. Prices of products and services can be found on the website and are subject to change without prior notice.

  11. Processing of film will not commence until payment for the nominated services is received in full.

  12. No refunds are given for rolls that develop blank due to fault from the customer.

  13. Mackay Film will not be liable for losses or damages to films that travel via postage services, courier services or others.

  14. By choosing Letter Post service to send films, 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.

  15. Large batches of films sent to The Customer via letter post may incur extra charges if the size of the package exceeds the limits of the postal service specifications.

  16. Unless explicitly specified by the customer in writing at the time of the request for the film development service, and unless stated explicitly otherwise by Mackay Film, standard chemicals will be used to process the customers exposed film. Mackay Film reserves the right to use chemicals it has in stock and believe fit for purpose. Mackay Film reserves the right to invoice The Customer for additional fees for custom processing or alterations to services not shown on the website when requested by the customer in writing.

  17. Films that are scanned will be to the resolution chosen on the application submitted to Mackay Film. Extra processing in software of scanned film will not be performed by Mackay Film unless agreed upon in writing between the Customer and Mackay Film. Scanning is done using minimal enhancements to ensure the Customer receives the greatest amount of information. Dust contamination during scanning will not constitute basis for a refund of monies. Film scanning resolutions can be found on The Website.

  18. 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 posted back 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.

Email policy

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.

Registration

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.

Privacy policy

General

Mackay Film is committed to observing the National Privacy Principles as set out in the Privacy Amendment (Private Sector) Act 2000 (effective December 2001). Mackay Film is committed to the privacy of its customers information and all personal information that Mackay Film holds is covered by this privacy policy.

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.

Information collected:

  • Name
  • Country
  • Street Address
  • Suburb
  • State
  • Postcode
  • 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:
    • Stripe
    • Paypal

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: 20/04/2018

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