Terms & Conditions and Privacy Policy

Welcome to the Scenery Station website. This site is owned and operated by Scenery Station Pty Ltd of Level 6, 72 Pitt Street Sydney NSW 2000 Australia. For the purposes of this Agreement, Scenery Station Pty Ltd shall henceforth be referred to herein as “Scenery Station” or “we”, and you, the user and/or purchaser, as the case may be, who establishes or accesses a connection for access to and uses the Scenery Station site shall be hereinafter referred to as either “you”, “the user” or “the purchaser”.

Please read these Terms and Conditions and Privacy Policy carefully before using the Scenery Station site. This Agreement, which constitutes a legal and binding agreement between you and Scenery Station and incorporates by reference other provisions applicable to the Scenery Station site, sets forth the terms and conditions that apply to your personal use of the Scenery Station site. By using the Scenery Station site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you shall not use the Scenery Station site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions and Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Scenery Station site. Please check these Terms and Conditions and Privacy Policy periodically for any changes. Any use of the Scenery Station site following the posting of changes to the Terms and Conditions and Privacy Policy shall be deemed to constitute your acceptance and agreement of such changes.

COPYRIGHT

All materials contained on the Scenery Station site and in any products sold by the Scenery Station site, including without limitation, text, software, photos, video footage, graphics, music and sound are the copyrighted property of Scenery Station under Australian copyright laws. Scenery Station, its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks and trade names on the Scenery Station site are the property of Scenery Station or its affiliates, content providers or licensors. No material on the Scenery Station site or in any products sold by the Scenery Station site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except that you may download one copy of the podcasted materials or materials purchased in downloadable form on any single computer for your personal, non-commercial home use only unless a commercial licence has been purchased. No further copying, redistribution, retransmission, publication or commercial exploitation of downloaded material shall be permitted without the express permission of Scenery Station and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree to keep intact all author attribution, copyright, trademark and other proprietary notices.

In the event you download anything from the Scenery Station site, the software, including any files, images, or data accompanying the software (collectively, the "software") are licensed to you by Scenery Station for the limited use described in the preceding paragraph. You acknowledge that you do not acquire any ownership rights to Scenery Station copyrighted material by downloading any material or by purchasing any product. Scenery Station retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

If you are interested in obtaining permission for online use of photos, videos or permission to use our logos, please contact us at info@scenerystation.com outlining the specifics of your request.

SHIPPING AND DELIVERY POLICY

We deliver products internationally using Australia Post. Shipping costs are influenced by the size and weight of the product, your location and your chosen shipping method. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Shipping times are electronically obtained from Australia Post in the shopping cart on a real-time basis and will depend on your chosen shipping method. We take no responsibility for delays in delivery caused by Australia Post or the postal service of the country to which you have your order shipped. Orders are usually dispatched within 3 business days.

International Orders

International orders may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the purchaser’s responsibility. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Scenery Station, the purchaser is the importer of record and must comply with all laws and regulations of the destination country.

CUSTOMER SERVICE POLICY

Scenery Station is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing and descriptions are true and accurate. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 3 business days to arrange an agreeable alternative item, a backorder or a full refund.

Some products listed on our website are products that we have sourced from our suppliers. The descriptions we have published on our website, are, to the best of our knowledge, accurate representations of these products. However, we are resellers of these products and not manufacturers thereof, and accordingly, to the extent possible by law, we take no responsibility for the failure of any product description specified on our website to accurately represent the product referred to.

We reserve the right to modify the product descriptions specified on our website, as well as product pricing, at any time in our absolute discretion. For example, from time to time we may decide to run promotional offers, run sales, apply discounts, vouchers or otherwise modify product pricing on our website without notice.

All prices displayed on our website are in Australian dollars (AUD) and are specified exclusive of GST. If you are an Australian customer then you will pay GST and the correct price will be calculated in the shopping cart before checkout.

REFUND POLICY

Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or don't do what they are supposed to do.

PRODUCT REVIEWS

Our website provides product review functionality. This enables visitors to review products we sell on our website. We will consider reviews which are submitted to our website and we reserve the right to reject reviews which we consider misleading, vexatious or which we consider do not do justice to the goods sold on our website, in our absolute discretion. Additionally, we have incorporated Facebook and other social media website sharing functionality onto our website, which enables users on our website to share links to particular products, and to comment on those products; and which results in such comments being published on the user’s Facebook or other social media website profiles.

SECURITY POLICY

When purchasing from Scenery Station using a credit card your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you wish to purchase from Scenery Station using PayPal you should consult the PayPal terms of service. If you have any questions regarding our security policy, please contact us at info@scenerystation.com.

PRIVACY POLICY

What is Personal Information?

Personal Information is information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. Personal Information includes, for example, names, addresses, telephone numbers, email addresses and dates of birth.

Information Collected

When you visit the Scenery Station site, our server logs information that is provided by your browser.

This information is:

  • The type of browser you used.
  • The date and time of your visit.
  • Your top level domain name (e.g. ".au" or ".com").
  • The address of any website that referred you to the site.
  • Your server's "IP address". An IP address is a number which is unique to the computer through which you are connected to the Internet. (This computer will normally be operated by your Internet Service Provider.)
  • The address(es) of the page(s) on the site you browsed to.
  • The address(es) of the document(s) you downloaded.
  • The search engine you used (if any), and which keywords or phrases you searched with.

Whenever you use our website, or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

Where you have specifically provided us with information about yourself we will keep a record of your IP address. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.

Email Addresses

We will only record your email address if you send us an order, an email message or subscribe to an email list. Your email address will only be used for the purpose for which you provide it, and will not be added to a mailing list except on your request. We will not disclose your email address without your consent. You will always have the option to opt in or opt out of services at any stage.

Cookies

"Cookies" are pieces of user-specific information generated by a web server and stored in the user's computer, ready for future access. Scenery Station uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Scenery Station only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies may also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.

Personal Information in Videos

Most Scenery Station videos do not contain images of people. In any videos that do contain people, we have made an effort to ensure that the people are not identifiable (eg. the person pictured is too far away for a clear identification, they are among a large crowd of people or their back is to the camera). If you believe you have been identified in a Scenery Station video and you would like to make an objection, please contact us.

How We Use Your Information

Scenery Station is dedicated to keeping your Personal Information private. Any Personal Information we collect from you is kept strictly secured. If you provide us with Personal Information, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any transactions, services or orders that you request, such as delivering any products that you purchase on the site (including any customary follow-up or confirmation communications regarding such transactions), entering you into a sweepstakes, establishing an account for you, responding to your questions or sending emails to our mailing list subscribers. We may also use Personal Information to ensure compliance with our policies and applicable law. In addition, we may send you periodic communications by email or regular mail, such as news updates, special offers or information on our products or services, if you have chosen to receive such communications. If you later wish to opt out of receiving such promotional emails from us at any time, simply follow the instructions for doing so in the emails that you receive from us. We reserve the right to send you certain communications relating to the site, such as service announcements, email related to purchases you have made, or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.

We do not sell, publish, swap or give away your Personal Information. We will use the information that you provide about yourself for statistical analysis and systems administration purposes. We may provide your information to independent auditors for the limited purpose of verifying usage statistics. In certain circumstances, we may be obliged to disclose information to law enforcement or other government officials: for example, in connection with an investigation of fraud or any other activity that is illegal, or that may expose us to legal liability. The information may be hosted with a service provider. The aggregated data (not personally identifiable information) may be shared with third parties such as advertisers or business partners.

Additional Terms

From time to time we may offer services on the site for which we require you to provide additional information. There are additional privacy terms that apply to those specific services, as posted on the relevant page of the site that you must accept if you wish to make use of those particular services.

Modification

We may add to, remove or change the provisions of this Privacy Policy from time to time. All additions and changes will be notified to you by being posted on this page. It is your responsibility as a user to refer to these additions and changes.

Privacy enquiries should be directed to:

Scenery Station Privacy Officer

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

You expressly understand and agree that:

Your use of the Scenery Station site is at your sole risk and the Scenery Station site is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, Scenery Station and its affiliates, employees, agents, third party content providers or licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Scenery Station and its affiliates, employees, agents, third party content providers or licensors make no warranty that (i) the Scenery Station site shall meet your requirements, (ii) the Scenery Station site or its operation shall be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, (iii) the content or the results that may be obtained from use of the Scenery Station site shall be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased, licensed or obtained by you through the Scenery Station site shall meet your expectations, and (v) any errors or defects in the software or on the Scenery Station site shall be corrected.

No advice or information, whether oral or written, obtained by you from Scenery Station, through or from the site, or via email, shall create any warranty not expressly stated in this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action.

Under no circumstances will Scenery Station, or any person or entity involved in creating, producing or distributing the Scenery Station site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Scenery Station site. You hereby acknowledge that the provisions of this section shall apply to all content on the Scenery Station site.

Under no circumstances will Scenery Station be liable for any loss or damage caused by your reliance on any content or information obtained through the Scenery Station site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content or information made available through the Scenery Station site.

INDEMNITY

You agree to save harmless and indemnify Scenery Station, its affiliates and respective directors, officers, employees, third-party content providers and licensors from and against all claims and expenses (including reasonable legal fees and disbursements) arising out of your use of the Scenery Station site and your purchase of Scenery Station products. This provision will survive termination of this Agreement.

TERMINATION

This Agreement shall remain effective until terminated by either party. You may terminate this Agreement at any time by destroying all software or other intellectual property obtained from any Scenery Station site and all copies and installations thereof. This Agreement may terminate immediately without notice in the event we, in our sole discretion, find your conduct to be unacceptable, or in the event you breach any of the terms or conditions of this Agreement. Should you choose to terminate, you must immediately destroy all software and other intellectual property obtained from any Scenery Station site and any copies thereof.

THIRD PARTY LINKS

As a convenience, the Scenery Station site may link to other sites that may be of interest to you, but are not under our control. These links do not imply any endorsement by Scenery Station and we are not responsible for the availability of or the content contained in any linked site, or any cookies that may be placed by the operators of such sites (including without limitation by means of the link from the websites).

Furthermore, Scenery Station expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from the Scenery Station site that are not produced by Scenery Station. In no way does Scenery Station warrant the security of the transmission of information you may be requested to provide such sites, and you hereby irrevocably and unconditionally waive any claim against Scenery Station with respect to such sites.

JURISDICTIONAL ISSUES

Unless otherwise specified, the content on the Scenery Station site is presented solely for the purpose of promoting such content and selling products containing such content worldwide. The Scenery Station site is controlled and operated by Scenery Station from its Australian offices in New South Wales. We make no representations that content or products on the Scenery Station site are appropriate or available for use in any particular location. Those who do choose to access the Scenery Station site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

GENERAL PROVISIONS

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales. The federal and state courts situated in the State of New South Wales shall have exclusive jurisdiction over this Agreement and you hereby agree to submit to the personal and exclusive jurisdiction of such courts. The headings of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. The failure of Scenery Station to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver of any right or provision shall be valid unless in writing and signed by an authorised officer of Scenery Station. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then that invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision which most closely matches the intent of the original provision and, in any case, the remainder of the Agreement shall continue and remain in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Scenery Station with respect to the Scenery Station site and the terms and conditions herein and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Scenery Station with respect to the Scenery Station site. This Agreement may not be modified except in writing by Scenery Station.

© 2012 Scenery Station Pty Ltd. All rights reserved.

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