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Travel Memories Customer Terms

1 General

(a) These Customer Terms (Terms) are a binding agreement between you and Brisbane Airport Corporation Pty Limited (ACN 076 870 650) (referred to as 'us ', 'we' or 'our' in these Terms).

(b) By accessing or using the Travel Memories website ( https://www.travelmemories.com.au/), and / or purchasing products via the Website, you agree to be bound by these Terms and our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL ) in relation to such use or purchase. You should review these Terms and our Privacy Policy carefully and cease using the Website if you do not agree to them.

(c) We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. You should regularly check these Terms to make sure you are familiar with the most current version.

2 Travel Memories purchases and your account

(a) You need to create an account with us to access some features of the Website. You can only purchase products from us through your account.

(b) When you create your account with us, or purchase a product from us, you will be required to provide us with personal information such as your name, mailing address, email address and phone number. You must ensure that this information is accurate and current.

(c) When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

(d) When you create an account or make a purchase via the Website, you represent and warrant that:

(i) you are at least eighteen (18) years of age;

(ii) you possess the legal right and ability to enter into a legally binding agreement with us; and

(iii) you will use the Website in accordance with these Terms.

3 Orders

(a) You must review your order carefully before placing it. Images and text will be printed onto your selected products as they appear in the onscreen preview when finalising your order. We do not proofread to identify, or correct, any mistakes you may have made when finalising your order.

(b) Once an order is confirmed, you are unable to cancel it.

4 Products on Website

(a) The inclusion of any products on the Website at a particular time does not imply or warrant that the products will be available at any time.

(a) A product displayed on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular products in accordance with these Terms at the price specified (plus delivery and other charges).

(b) To the extent permitted by law (including the Australian Consumer Law), we reserve the right to accept or reject your offer for any reason, including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description or an error in your order.

(c) In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).

(d) In the case of an out of stock product, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your order options.

(e) We endeavor to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.

5 Price and payment

(a) The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.

(b) Prices are current at the time of display but are subject to change without notice.

(c) All payments must be received in full prior to dispatch of your order. Payment options will be provided at the point of purchase.

(d) If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product for you. In such instances we do not guarantee that the product will be available should you try to order it again.

(e) Where offered by us, a discount / coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount / coupon code may be used per order.

6 Delivery of products

(a) Subject to these Terms, we will supply the products shown on your order confirmation.

(b) Please read the Delivery section of the Website for delivery details, including where products can be delivered to.

(c) We will use our reasonable endeavors to meet stated timeframes for delivery. However, many factors can affect this timeframe and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.

7 Returns, refunds and exchanges

7.1 Change of mind returns, refunds and exchanges

(a) We are not responsible for, and do not offer refunds or exchanges:

(i) where you have changed your mind and no longer wish to purchase the product(s) you have ordered; or

(ii) where you have made mistakes or errors when finalising your order. This includes, without limitation, any spelling, typographical or grammatical errors, order quantity errors, or providing us with an incorrect delivery address.

(b) We may allow a refund or credit (at our election) on a case-by-case basis for returns provided that the product in question is:

(i) returned (at your expense) within 28 days of you receiving your order;

(ii) not used (with original packaging); and

(iii) not damaged in any way.

7.2 Your statutory rights – repairs and refunds

(a) The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify.

(b) As outlined more fully in the Australian Consumer Law, if a product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the product to us, and we must provide you with a full refund or replacement (at your election) within a reasonable time. Alternatively, you may (at your election) choose to keep the product and recover from us the difference between the price you paid for the product and the value of the product.

(c) As outlined more fully in the Australian Consumer Law, if a product we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the product to us and ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:

(i) repairing the goods;

(ii) replacing the goods; or

(iii) providing a full refund including the delivery fee.

8 Termination

To the extent permitted by law (including the Australian Consumer Law), we reserve the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

(a) restrict, suspend or terminate your access to all or any part of the Website (including your account) temporarily or permanently; and

(b) terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently,

and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9 Privacy

9.1 How we use your personal information

(a) You acknowledge that we will collect personal information about you when you use the Website and / or purchase products from us.

(b) We will handle all personal information we collect from you in accordance with these Terms and our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL ). By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms and our Privacy Policy.

9.2 Collection notice

We collect and use your personal information to provide you with our products and services, to enable us to fulfil our obligations under any contract with you, for our business operations and to comply with the law. Where you have opted in to receiving marketing materials from us, we also collect and use your personal information to provide you with offers for products and services from us or our partners. We and / or our partners may use your personal information for analytics activities, for example to determine which products and services you may be interested in and to operate and improve the Website and your user experience and to improve the function and performance of our products and services.

Our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL ) tells you how we usually collect, use and disclose your personal information and how you can ask for access to it or seek correction of it. Our Privacy Policy also contains information about how you can make a complaint and how we will deal with such a complaint. If you would like further information about our privacy policies or practices, please contact our Privacy Officer using the contact details contained in our Privacy Policy.

10 Intellectual property rights

(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on the Website (Content).

(b) Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content. However we do grant you a licence to access the Website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us. All other use of this Website and the Content is prohibited, except to the extent permitted by law.

(c) Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

11 No commercial use

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained within this Website. You may not use the Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

12 Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) using the Website to defame or libel us, our employees or other individuals;

(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;

(d) posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;

(e) using data mining, gathering or extraction tools; and

(f) otherwise interfering with the operation of the Website.

13 Warranties and disclaimers

(a) In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the operation of the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

(b) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

(c) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

(d) Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over those linked websites.

(e) We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

14 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered by you in connection with your use of the products we supply to you, or your use of our Website and / or the information or materials contained on it, or as a result of the inaccessibility of this Website and / or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

15 General

(a) These Terms constitute the entire agreement between us and you with respect to your use of the Website and / or ordering of products.

(b) Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

(c) If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us.

(d) These Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

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