OUR SUMMARY (So you don’t have to read the whole legal document…unless you want to!)
1. Gold Coast Cultural Festival respects your ownership rights to your photos and images. We will only use your images to create custom photo art for you. If we have a great idea to use your images for any other purpose(such as a marketing campaign), we will contact you first for permission.
2. Gold Coast Cultural Festival respects copyright laws. With that said, it is impossible for us to check the ownership of every image, so the onus rests completely with you to obey the law. Please don’t steal other peoples work!
3. Your uploaded photos and images are stored on a secure server. We hold on to them for 6 weeks in case reprints are required. Thereafter they are deleted from our server, but will still be backed up “offline” in a secure storage facility for those rare cases.
FULL LEGAL TERMS AND CONDITIONS
These Standard Terms and Conditions of Sale (“Terms”) shall govern the sale by Gold Coast Cultural Festival of all goods and/or services as well as all subsequent transactions between Gold Coast Cultural Festival and the purchaser (“Purchaser”). Purchaser acknowledges and agrees that these Terms shall constitute part of any final contract of sale (“Sales Agreement”) that may be entered into between Purchaser and Gold Coast Cultural Festival. In the event of any inconsistency between the terms and conditions contained in any other document and these Terms, these Terms shall prevail unless otherwise agreed upon in writing by Gold Coast Cultural Festival or its duly authorized representative. Gold Coast Cultural Festival shall not be bound by any terms and conditions affixed to Purchaser’s purchase order or other procurement documents that are in addition to or inconsistent with these Terms. Neither commencement of performance nor delivery by Gold Coast Cultural Festival shall be deemed or constituted as acceptance of Purchaser’s additional or conflicting terms and conditions. Terms are subject to change at Gold Coast Cultural Festival’s sole discretion at any time.
2. Subjet of agreement
1. The subject of this Agreement is the production of prints of images submitted by Client to Gold Coast Cultural Festival via an online interface and the printing thereof by Gold Coast Cultural Festival and subsequent shipment of finished prints to the Client.
2. Gold Coast Cultural Festival is entitled and reserves the right to have all or part of the Service performed by third parties.
3. Quotations & Orders
1. Unless otherwise specified in writing in the attached document, all written quotations shall be intended for reference purposes only, constituting neither an offer to sell nor imposing any obligations or liability on Gold Coast Cultural Festival. All written quotations and offers to sell automatically expire ten (10) days from the date quoted unless otherwise specified in the attached documentation. For greater certainty, all offers to sell are offers by Gold Coast Cultural Festival to sell to Purchaser on the terms set forth herein.
2. Unless otherwise expressly agreed upon in writing by Gold Coast Cultural Festival, any figures, measurements, dimensions, performance values, samples, patterns, statements, technical provisions or specifications, catalogues, brochures, depictions, photographs, images, models, designs, drawings, promotional materials in print or electronic format or other descriptive specifications relating to Gold Coast Cultural Festival’s quotation or offer to sell (“Specifications”) are approximations only and shall not be deemed to form part of any contract or be treated as constituting any representation, warranty or condition in relation to the goods or services. Gold Coast Cultural Festival reserves the right to modify these Specifications at any time prior to the execution of any Sales Agreement between Purchaser and Gold Coast Cultural Festival.
3. Any deviations between the goods supplied and any offers, samples, trial products and pre-deliveries are permitted in accordance with technical norms and within standard industry variances and tolerances.
4. No order placed by Purchaser shall be deemed to be accepted by Gold Coast Cultural Festival unless and until confirmed in writing by Gold Coast Cultural Festival or its duly authorized representative or until performed by Gold Coast Cultural Festival. Gold Coast Cultural Festival reserves the right to accept or decline any order in whole or in part within thirty (30) days after receipt of Purchaser’s order, during which time the order may only be cancelled, rescheduled or modified by Purchaser with the prior written consent of Gold Coast Cultural Festival or its duly authorized representative. For greater certainty, subsequent requirements of Purchaser for goods not contained in an original offer to sell or Purchaser’s order must be accepted and confirmed in writing by Gold Coast Cultural Festival or its duly authorized representative.
4. Price & Terms of Payment
1. The price for all goods and services shall be expressly set out in the Sales Agreement, delivered in the form of a shopping cart checkout on www.goldcoastculturalfestival.org. Where no price has been specified, the price shall be based on Gold Coast Cultural Festival’s pricing listed on the homepage of Gold Coast Cultural Festival on the date that the Sales Agreement was executed by the Purchaser.. Gold Coast Cultural Festival reserves the right, by giving notice to Purchaser at any time, to increase the price of goods and services to cover: (i) foreign exchange fluctuation and increases in the costs of labour, materials and manufacturing; and (ii) any delay or change in delivery dates, quantities or specification of goods and services occasioned or requested by Purchaser.
2. Unless otherwise stated in writing by Gold Coast Cultural Festival, the price of goods shall and shall be exclusive of any retail sales tax. The price shall be exclusive of shipping charges, insurance, applicable sale, use or other taxes payable to any governmental authority, (installation, assembly and commissioning charges, as well as any other ancillary costs in respect of which Gold Coast Cultural Festival shall be entitled to make additional charges (“Additional Costs”).
3.Unless otherwise agreed upon in writing, Gold Coast Cultural Festival’s invoices shall due for payment immediately and shipments shall only be made against advance payment. Unless otherwise agreed upon in writing by Gold Coast Cultural Festival, all payments shall be in Canadian Funds and must be made directly to Gold Coast Cultural Festival in accordance with the payment options described on Gold Coast Cultural Festival’s website. Unless otherwise agreed upon in writing, Purchaser shall not have any right of deduction or set-off. Objections to Gold Coast Cultural Festival’s accounting, account statements, account reconciliations, etc. must be received in writing by Gold Coast Cultural Festival within a period of four (4) weeks from the date of the invoice or other applicable. In the event that Purchaser fails to provide a timely objection notice to Gold Coast Cultural Festival, the terms of the invoice or other document shall be deemed to have been irrevocably accepted by Purchaser. Notwithstanding the foregoing, Gold Coast Cultural Festival reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may arise from time to time.
5. Delivery of Goods and Performance of Services
1. Unless otherwise agreed upon in writing, Gold Coast Cultural Festival shall deliver goods at any time after Gold Coast Cultural Festival has notified Purchaser that goods are ready for delivery by means of an order confirmation notice. Notwithstanding the foregoing, a maximum delivery period of two (2) weeks applies from the conclusion of the Sales Agreement. Selection of the carrier and route of delivery shall be made by Gold Coast Cultural Festival.. Delivery of goods to a common carrier or a registered courier shall constitute delivery to Purchaser and risk of loss shall thereupon pass to Purchaser. In no event shall Gold Coast Cultural Festival have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Gold Coast Cultural Festival. Notwithstanding anything contained herein to the contrary, if the shipment or receipt of goods is delayed for reasons beyond the responsibility of Gold Coast Cultural Festival, risk of loss shall pass to Purchaser upon receipt of an order confirmation notice or other similar document from Gold Coast Cultural Festival.
2. Gold Coast Cultural Festival will use commercially reasonable efforts to deliver goods in the shortest time possible. However, specific dates and times will not be guaranteed.
3. Unless otherwise agreed upon in writing by the parties, Gold Coast Cultural Festival reserves the right to deliver goods in instalments and/or perform services in stages. Each delivery of goods shall be treated as a separate transaction and payment thereof shall be in proportion to the overall purchase price set out in the Sales Agreement. Delay or failure by Gold Coast Cultural Festival to deliver an instalment and/or perform a stage of service in accordance with these Terms shall not entitle Purchaser to repudiate or cancel the delivery of other instalments or stages of goods under the Sales Agreement.
4. Reminders and final deadlines must be communicated in writing.
5. Gold Coast Cultural Festival shall not be liable to Purchaser for any delay or failure to deliver goods and/or perform services including but not limited to any cause beyond Gold Coast Cultural Festival’s reasonable control, including, without limitation, any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, illness or injury to workers, delayed or failed deliveries by subcontractors, power failure, damage or destruction of production facilities, riot, insurrection, transportation delays or defaults, delay in supply or shortages of fuel, components, raw materials or supplies, labour shortage, acts or omissions of third parties, action of any governmental authority, or any other cause beyond the reasonable control of Gold Coast Cultural Festival (the “Force Majeure”). In such event, Gold Coast Cultural Festival must promptly provide Purchaser with written notice of the Force Majeure. Gold Coast Cultural Festival’s time for delivery and/or performance shall be extended for a period equal to the time lost by reasons of the Force Majeure without subjecting Gold Coast Cultural Festival to any liability or penalty. If the Force Majeure event lasts longer than forty-five (45) calendar days, Gold Coast Cultural Festival may immediately terminate all or part of the Sales Agreement, without incurring any liability or penalty, by providing written notice of such cancellation to Purchaser.
6. For greater certainty, Gold Coast Cultural Festival shall not be liable for any damages, losses, costs or expenses (collectively, the Damage”) resulting from Gold Coast Cultural Festival’s delay in delivery of goods and/or provision of services to Purchaser unless such Damage arises from the gross negligence of Gold Coast Cultural Festival. Notwithstanding the foregoing, where the gross negligence of Gold Coast Cultural Festival causes a delay in the delivery of the goods or provision of services, Purchaser’s sole remedy shall be the payment of compensation equal to half of a percent (0.5%) per week up to a maximum of five percent (5%) of the value of the portion of the delivery which cannot be used on time for its intended purpose as a result of the delay.
7. Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced by Gold Coast Cultural Festival must be expected. Prints delivered with variations of his kind shall be considered as acceptable performance.
6. Inspection and Acceptance of Goods and Services
1. Notwithstanding (i) payment, (ii) passage of title, or (iii) prior inspection or tests, all goods and services furnished under Sales Agreement shall be subject to Purchaser’s right of inspection and acceptance upon delivery.
2. Goods: Following delivery and within three (3) calendar days of receipt of goods by Purchaser, Purchaser shall provide Gold Coast Cultural Festival with a written notice containing the full details of any alleged defect or non-conformity in goods (“Rejection Notice”). Purchaser may return rejected goods to Gold Coast Cultural Festival at Purchaser’s risk and expense and in accordance with Gold Coast Cultural Festival’s instructions. Gold Coast Cultural Festival shall make the final determination as to whether its goods are defective or non-conforming. Purchaser’s exclusive remedy and Gold Coast Cultural Festival’s entire liability to Purchaser in the event of a rejection shall be expressly limited to either the prompt replacement of the goods, the repair of any defect or non-conformity or, at Gold Coast Cultural Festival’s option, the issuance of a credit or refund for the purchase price of the defective or non-conforming goods. Notwithstanding the foregoing, in the event that Purchaser fails to provide a timely Rejection Notice to Gold Coast Cultural Festival, Purchaser will be deemed to have irrevocably accepted goods. Moreover, the use of any goods by Purchaser, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute irrevocable acceptance of goods by Purchaser.
Title to and ownership of all goods shall not pass to Purchaser until payment of the purchase price and any Additional Costs has been made in full to Gold Coast Cultural Festival.
8. Content of the image files, damage of third party rights
1. The Purchaser is solely responsible for the content of any submitted image files.
2. The customer warrants, that he will not submit any image file that infringes any patent, trademark, copyright or other intellectual or proprietary right of any party. The customer could be liable to pay substantial claims for indemnification by a third party for infringing copyright laws. The customer is liable for all consequences of violation of aforementioned rights and indemnifies Gold Coast Cultural Festival from all liability.
3. When executing a Purchase Agreement, the Purchaser is responsible for ensuring that all uploaded image files do not violate any law, especially laws related to child pornography. Gold Coast Cultural Festival reserves the right to report any images that Gold Coast Cultural Festival judges as potential violations of the law to the applicable authorities.
9. Security Interest and Solvency
Purchaser represents and warrants to Gold Coast Cultural Festival that Purchaser is solvent. Gold Coast Cultural Festival retains a security interest in goods to secure payment of the purchase price and all other indebtedness and obligations that Purchaser now and in the future owes to Gold Coast Cultural Festival. Purchaser shall take all actions that Gold Coast Cultural Festival requests to perfect, and to obtain and maintain first priority of, that security interest, and Purchaser shall pay, or reimburse Gold Coast Cultural Festival for, all fees, taxes and other costs that are incurred in connection with those actions. To the extent permitted by law, Purchaser waives requirement of being provided with a copy of any financing or verification statement or renewal thereof.
10. Changes and Cancellation
1. No Sales Agreement which has been executed by Gold Coast Cultural Festival may be cancelled or amended by Purchaser except with the approval in writing of Gold Coast Cultural Festival and on terms that Purchaser shall indemnify Gold Coast Cultural Festival in full and on demand against all loss (including loss of profit), costs (including the cost of all labour and materials used, as well as accounting, legal and clerical costs), damages, charges and expenses incurred by Gold Coast Cultural Festival as a result of the cancellation or change.
2. There is no right to cancel an executed Sales Agreement in which goods were custom produced as per the customer’s specification, or were clearly designed for the customer’s personal need.
11. Limited Warranty
1. Except as otherwise specified herein, Gold Coast Cultural Festival warrants that: (i) all goods and services purchased hereunder are free from defects in material and workmanship and conform to the requirements of Sales Agreement; (ii) Gold Coast Cultural Festival has good title to goods and the right to sell them to Purchaser; and (iii) goods and services shall conform to the written Specifications, if any, described in the Sales Agreement.
2. Unless otherwise agreed upon in writing, the warranty period for all goods delivered by Gold Coast Cultural Festival will expire three (3) calendar days after the date of the delivery of goods to the Purchaser (the “Warranty Period”). If Purchaser believes that the goods and/or services are defective or deficient, Purchaser shall provide Gold Coast Cultural Festival with a written notice by letter, fax or e-mail, containing the full details of the alleged defect or deficiency and setting out the date of the order confirmation, the delivery confirmation or the invoice (the “Rejection Notice”). At Gold Coast Cultural Festival’s direction, Purchaser shall return the defective or deficient goods to Gold Coast Cultural Festival at Purchaser’s risk and expense and in accordance with Gold Coast Cultural Festival’s return policy in effect from time to time, failing which any and all warranty obligation on Gold Coast Cultural Festival’s part shall become void. Gold Coast Cultural Festival shall promptly investigate such claimed breach and shall, at its sole discretion and within thirty (30) days of the date of the Rejection Notice either: (i) provide information to Purchaser confirming that no breach of warranty has in fact occurred; or (ii) advise Purchaser of Gold Coast Cultural Festival’s planned corrective action. If Gold Coast Cultural Festival determines that the Rejection Notice was given without cause, Purchaser shall reimburse Gold Coast Cultural Festival for all applicable costs and expenses thereby occasioned to Gold Coast Cultural Festival. If a breach of warranty has in fact occurred, Gold Coast Cultural Festival shall, at its sole discretion, promptly: (i) repair or replace the defective goods at no additional cost to Purchaser; (ii) issue credit or refund amounts paid by Purchaser related to the portion of goods and/or services in breach of warranty; or (iii) unless the defect in question is a minor one, cancel the Sales Agreement. All costs incidental to repairing or replacing defective goods or correcting or re-performing the deficient services shall be borne by Purchaser and in no event shall Gold Coast Cultural Festival be liable for such costs. All warranty repairs or replacements and any services that have been re-performed or corrected under warranty shall only be warranted for the balance of the original Warranty Period.
3. Notwithstanding anything contained herein to the contrary, where Gold Coast Cultural Festival is required to perform corrective work, Gold Coast Cultural Festival’s warranty shall be limited to the goods actually delivered. Gold Coast Cultural Festival shall only warrant the proper functionality of its products and components where the faulty functioning in question cannot be attributed to incorrect or incomplete information provided by Purchaser.
4. Purchaser shall not be entitled to withhold payments on account of warranty claims or other counter-claims not recognized by Gold Coast Cultural Festival.
5. Warranty Exclusions: This warranty excludes normal wear and tear and ordinary deviations in size, weight or quality. This warranty also excludes coverage for used goods and seconds as well as goods not manufactured by Gold Coast Cultural Festival or its affiliates. Repair or replacement of goods and/or re-performance or correction of services due to: (i) misuse or abuse; (ii) improper use or maintenance; (iii) failure to observe instructions contained in user/owner manuals; (iv) mishandling or testing by Purchaser, its affiliates and agents; (v) negligence; (vi) alterations, maintenance or repair work undertaken by Purchaser or third parties; (vii) excessive stress; (viii) accident; (ix) improper storage; (x) use of incompatible supplies or cleaning agents; (xi) an event of Force Majeure; (xii) chemical influences; (xiii) foreign object damage; or (xiv) damage in transit, are excluded from Gold Coast Cultural Festival ‘s warranty obligations.
6. The preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect in, goods sold hereunder, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Upon the expiration of the warranty period, all such liability shall terminate. Unless otherwise agreed in writing by Gold Coast Cultural Festival, this warranty shall not be assigned to any third party. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Gold Coast Cultural Festival DOES NOT WARRANT ANY GOODS OR SERVICES OF OTHERS, WHICH PURCHASER HAS DESIGNATED.