Introduction
These Terms and Conditions (‘the Terms’) form part of every contract made between Sydney Darkroom and any other person, company or other legal entity (‘Client) for the supply of goods and services by Sydney Darkroom. The Terms prevail over any written terms and conditions of the Client. Any variation to the Terms will not be effective unless agreed in writing by a Director or appointed representative of Sydney Darkroom. All contracts between Sydney Darkroom and the Client will be governed by NSW law and the parties agree to submit to the jurisdiction of the NSW Courts. Any provision in these Terms which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of these Terms and such unenforceability will not invalidate that provision in any other jurisdiction.
Price, Payment $ Credit
The Client will pay to Sydney Darkroom the price for goods or services which is applicable at the time the goods or services are ordered from Sydney Darkroom.
Orders
Unless Sydney Darkroom is given prior written notice by the Client, the person placing or signing the order on behalf of the Client will be deemed to be authorised to do so. Sydney Darkroom reserves the right to refuse to accept any order. Sydney Darkroom will not act on any order if there is any ambiguity or uncertainty over the instructions or the validity of that order. If the Client cannot correctly identify the product that is being submitted for processing, Sydney Darkroom reserves the right to refuse service to avoid disappointment based upon the Client’s lack of knowledge regarding that product.
Deliveries
Unless Sydney Darkroom is given prior written notice by the Client, the person placing or signing the order on behalf of the Client will be deemed to be authorised to do so. Sydney Darkroom reserves the right to refuse to accept any order. Sydney Darkroom will not act on any order if there is any ambiguity or uncertainty over the instructions or the validity of that order. If the Client cannot correctly identify the product that is being submitted for processing, Sydney Darkroom reserves the right to refuse service to avoid disappointment based upon the Client’s lack of knowledge regarding that product.
Customer Expectations
Unless otherwise requested by the Client, Sydney Darkroom will produce images according to Sydney Darkroom’s standard of the best product possible. If the Client wants Sydney Darkroom to deviate from this standard, and instead use some different standard required by the Client, Sydney Darkroom must be informed prior to the commencement of the job.
Old & Expired Film
Sydney Darkroom will, if the Client requests, attempt to develop and process old and expired rolls of film, but the Client acknowledges and accepts that it may not be possible to develop and process such film to the same quality as unexpired film. Sydney Darkroom will endeavour to develop it to the manufacturer’s specifications of the film type, but due to the uncertainty of old and expired film, there are often deviations in image quality of old and expired film. To the maximum extent permitted by law, Sydney Darkroom will not be liable if the quality of the images is unsatisfactory to the Client, or for any loss or damage sustained by the Client as a result of attempting to develop such film.
Blank Film
In the event that the Client’s film is blank after developing, Sydney Darkroom will only charge the Client Sydney Darkroom’s fee for developing. If the client has paid for a service that includes both developing and scanning or printing, then in such a case Sydney Darkroom will not do the scanning or printing and will refund the Client the difference between the price paid by the Client for the full service, and Sydney Darkroom’s standard fee for developing only.
Uncollected Goods
Clients’ work will be stored free of charge within Sydney Darkroom’s filing system for 30 days from date the work is dropped off or mailed in. If any items or materials deposited with Sydney Darkroom by the Client have not been collected by the Client within 12 months then the Client relinquishes ownership over their property to Sydney Darkroom and Sydney Darkroom may dispose of it or destroy it at Sydney Darkroom’s discretion. If a Client sends film to Sydney Darkroom for processing and does not provide a return address for the processed film to be sent to, Sydney Darkroom will be entitled to dispose of or destroy the film after 12 months if no return address has been provided during that time.
Liability
In Australia, goods and services supplied by Sydney Darkroom come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australia Competition And Consumer Act and other laws. Any and all other warranties and conditions in respect of goods or services supplied by Sydney Darkroom, which are not guaranteed by the Australian Consumer Law or the Competition And Consumer Regulation 2010, are expressly excluded by Sydney Darkroom where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
Limitation of Liability for Film Processing
In instances where a customer’s film is compromised due to an inadvertent processing error by Sydney Darkroom, our responsibility will extend to refunding the complete cost of the processing service, in addition to providing the customer with a new, unexposed film of identical value. If necessary, we are willing to offer our retouching services, subject to Sydney Darkroom’s usual fees and terms. Sydney Darkroom recognises the potential sentimental or commercial value of the images on the film; however, we are not responsible for any indirect, consequential, or special damages that may result from the loss or damage of the film. This includes, but is not limited to, emotional distress, loss of revenue, or any other related losses. By utilising Sydney Darkroom’s film processing services, the customer acknowledges and accepts this limitation of liability and relinquishes any rights to pursue additional compensation or remedies for damages beyond what is outlined in this clause.
Liability in the Event of a Data Breach:
While Sydney Darkroom takes all reasonable steps to protect your data, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. In the unfortunate event of a data breach or cybersecurity incident, Sydney Darkroom will act in accordance with the Privacy Act 1988 (Cth) and the Notifiable Data Breaches (NDB) scheme to mitigate risks and inform affected individuals accordingly.
Sydney Darkroom will not be liable for any indirect, consequential, or special damages that may result from unauthorized access, hacking, data loss, or other security breaches that occur despite our rigorous security measures. We will, however, take immediate action to rectify the situation, notify affected parties as required by law, and work with authorities to investigate and resolve the incident.
Client Responsibilities:
Clients are responsible for maintaining the confidentiality of their account information and for ensuring that personal information provided to Sydney Darkroom is accurate and up-to-date. Sydney Darkroom cannot be held liable for breaches that result from the client’s own actions, such as sharing passwords or failing to secure personal devices.
To the maximum extent permitted by law:
(a) Sydney Darkroom’s liability to the Client for the loss (including theft) or destruction of or damage to any film or negatives, digital media or other material belonging to the Client which are deposited with Sydney Darkroom for processing or other purposes, whether caused by the negligence of Sydney Darkroom, its employees or agents or otherwise, will be limited to the replacement cost of the film negatives, digital media or other materials, and Sydney Darkroom will not be liable for the cost of re-taking or re-shooting the material contained in the film, negatives or other material; (b) Sydney Darkroom will not be liable for the loss or corruption of any digital information left or supplied to Sydney Darkroom by the Client. It is the responsibility of the Client to create and retain back-ups of all digital information supplied to Sydney Darkroom, whether such digital information be supplied on disk, digital memory card, portable hard drive or via electronic transmission (email, cloud storage, etc.); (c) Sydney Darkroom accepts no responsibility for changes in images after delivery to the Client, as Sydney Darkroom has no control over display and storage conditions after the images leave Sydney Darkroom’s premises; (d) Sydney Darkroom will not be liable for any failure to perform any contract between Sydney Darkroom and the Client which is due to any circumstances beyond Sydney Darkroom’s control including (but not limited to): inability to secure labour, materials, supplies or transport, or scarcity of fuel, power or components (including computer software and hardware), or machine breakdown (including computer, server, ISP network), theft, vandalism, fire, storm, flood, war, civil disturbance, strikes, lock-outs, or industrial action (of any form).