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Purchase Agreement

These are the terms and conditions subject to which we sell any of our Products to you. By using any Product, you agree to be bound by them.

We are Fotomakers WA, a company registered in Australia, number 165 467 961. Our address is C/- Haydon Kinnaird, PO Box 1111, Osborne Park WA 6916.

You are: Anyone who buys a Product from us.

It is now agreed as follows:

1. Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Copy or Publish”

with reference to a Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.


means a product offered for sale through Our Website. It includes both soft copy downloaded or contained in a hard medium such as a print or USB.

"Intellectual Property"

means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights and all rights which are derived from those rights.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Restrictions on Use”

means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Product. Third, restrictions include those made by you, if any, in private correspondence between us before your purchase.

2. Interpretation

In this agreement the following terms apply unless the context otherwise requires:

3. The licence

4. Limitations and permissions

5. The price

6. Freedom to use

Despite the above limitations, you may copy a Product:

7. Release of third party rights

In the event of any such circumstances as those in the last previous sub paragraph, we will provide an alternative Product free of charge but otherwise on the same terms as set out in this agreement.

8. Defects

These provisions apply in the event that you return any Product to us for any reason:

9. Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

10. Disclaimers and limitation of liability

11. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

12. Copyright and other Intellectual Property

13. Miscellaneous matters