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Terms of use

Please carefully read these Terms of Use ("Terms") – by accessing or making any use of ArtPhotoBaby site and your Private Web Gallery, you are agreeing to abide by them. You also agree to our Privacy Policy, which sets out how we deal with ArtPhotoBaby users' photos, personal information and privacy. These Terms set out your rights and obligations, and those of ArtPhotoGroup Pty Ltd ("we" or "us"), in relation to www.ArtPhotoBaby.com.au (the "Site"), any ArtPhotoGroup application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). These Terms of Use define the conditions under which Users can access and use the Site and more particularly conditions under which ArtPhotoGroup Pty Ltd provide users with a Private Web Gallery.

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Editor’s identification

The website « www.Artphotobaby.com.au » is published by ArtPhotoGroup Pty ltd, located 18 Marshall Crescent, Beacon Hill, NSW 2100, AUSTRALIA.

ACN : 609 683 463 ABN : 63609683463

Director : Mr Stephane ABALAN

Host Identification

The website « www.Artphotobaby.com.au » is hosted on the servers of Amazon Web Service (AWS)

Privacy Policy

ArtPhotoBaby is the trading name of ArtPhotoGroup Pty Ltd. The respect of your privacy is of utmost importance to us and we take all necessary steps so that it is fully protected. For your protection, any personal information we collect from you will be used in accordance with the Australian Privacy Principle in the Privacy Act 1988. As required by this Act we follow strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access.

To learn more about data collection, use and protection, please read through our full Privacy Policy

In the following Terms of Use, words or expressions starting with a Capital letter bear the following meaning:

  • Site: the present website accessible on the url « www.artphotobaby.com.au ».
  • User: any physical person visiting one or many pages of the Site.
  • Account owner: physical person whose personal data is attached to the Account.
  • Private Web Gallery: pages on the Site, accessible to Users by using a connexion login and password which allow them access to personalised pages on the Site, where ArtPhotoGroup Pty Ltd displays images of products personalised with Account owners and/or Account owners children’s and family members’ photos and personal details.
  • These Terms of use define the conditions under which Users can access and use the Site and more particularly conditions under which ArtPhotoGroup Pty Ltd provide Users with a Private Web Gallery.
  • When Users visit the Site, they acknowledge having read these terms of Use, accepting them without any restriction and being contractually bound to abide by them.
  • ArtPhotoGroup Pty Ltd reserves its rights to amend these terms of Use at anytime by simply editing them and publishing them on the Site. The changes to the Terms will apply as soon as they are uploaded on the Site and will be applicable to any User from that moment onwards.
  • It is hereby specified that contractual relations between ArtPhotoGroup Pty ltd and Users regarding usage of the site are entirely and solely defined by these Terms of use, exclusive of any other contract.
  • Users are informed about the existence of Terms of use prior to their first access to their Private Web Gallery on the Site. Accepting Terms of Use is mandatory for the User to access his Private Web Gallery.
  • By ticking the box “I accept Terms and Conditions’ when creating and validating their personal Account, Users accept totally and without any reserve the Site Terms and Conditions.
  • If Terms and Conditions are amended afterwards, it is the sole Responsibility of Users to go and inform themselves about these changes. Their acceptation of Terms of Use will remain valid unless they inform ArtPhotoGroup Pty Ltd. The access to their Private Web Gallery will then be blocked.
Creation   Maintenance of Private Web Galleries by ArtPhotoGroup Pty Ltd
  • ArtPhotoGroup Pty Ltd grants access to Users to their Private Web Gallery for a limited time. ArtPhotoGroup Pty Ltd is not bound contractually to maintain access to the Private Web Gallery for a minimal time.
  • ArtPhotoGroupPty Ltd will genuinely make all reasonable attempts to upload photographs on the Site but holds no responsibility for the delay taken and is under no obligation whatsoever to create Private Web Galleries.
  • ArtPhotoGroup Pty Ltd reserves the right at any time and without notice to (a) suspend or terminate Users ability to access a Private Web Gallery, (b) allow Users ability to use all or part of the Services, (c) to remove from or add to Users’ Private Web Galleries or to modify any personalised product images associated with a Users or their Account, and/or (d) to take technical and legal steps to stop Users from using ArtPhotoBaby site if they appear to us to be in breach of any provision of these the Site Terms of Use or ArtPhotoGroup Pty Ltd’s Sales Terms and Conditions.
  • Should ArtPhotoGroup Pty Ltd suspend or terminate a User account, Users acknowledge that ArtPhotoGroup Pty Ltd shall not incur any liability to them or to any other person.
Responsibilities, Rights and Obligations of Account Owner and Users
  • By using the Site and requesting access to a Private Web Gallery, Users acknowledge that they have adequate equipment (software and hardware) and technical competencies necessary to use the Service. Costs associated with online connexion via the Internet to the Site are exclusively born by Users.
  • When Account owners register on the Site to create their Account and allow access to their Private Web Gallery, Account owner are asked to provide or validate personal information which is necessary to identify Users and to personalise their products.
  • Account owners commit to providing exact, accurate and sincere information conform with reality.
  • ArtPhotoGroup Pty Ltd has no capacity to verify the accuracy of data provided by Account owners and therefore cannot be held responsible for missing or inaccurate data in the information provided.
  • Account owners can edit their personal information on the site.
  • When creating their Account, Account Owners are free to choose their own login (e-mail address) and password. This login and password are necessary to access the Account owner’s Private Web Gallery. Private Web Galleries cannot be accessed without the login and password.
  • Account Owners receive by e-mail the confirmation of their login and password. It is the responsibility of Account owners to maintain confidentiality of their login and password.
Usage of Site
  • Account owners and Users are granted permission to access and use this Site and its Content for the sole purpose of viewing and ordering products or services solely through ArtPhotoGroup Pty Ltd (referred to herein as “Products”).
  • No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted.
  • Obtaining Products from ArtPhotoGroup Pty Ltd does not entitle Users to use any portion of Content apart from the finished printed Products as they are supplied to them by ArtPhotoGroup Pty Ltd.
  • Users agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with the local laws and regulations, including export and import regulations.
  • Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
Sharing - Account owner Responsibility
  • Account owners agree that they are responsible for protecting their login and password and controlling access to their registered account. They agree that they will be responsible for all orders placed or other actions that are taken through their registered account.
  • When Account owners communicates their login and password to another User (friend or family member for example), Account owners bear all responsibility for the other User’s behaviour in their Private Web Gallery. Account owners remain solely responsible for the usage of their Private Web Gallery and any data or images transferred under their login or password.
  • All uses and data transfers made using Account owners’ login and password will be considered as done by Account owners and, as such, Account Owners will bear all consequences which could result from any wrongdoing when using their Private Web Gallery like breaching our copyrights or using their data unlawfully.
  • Consequently ArtPhotoGroup Pty Ltd cannot be held responsible under any circumstances of inappropriate usage of Account owners’ Private Web Gallery and/or inappropriate transfer of Account Owners’ images or data made by another User using Account owners’ login and password.
Photos and images propriety – Intellectual and Artistic copyrights
  • This Site contains graphics, photographs, images, document layouts, product designs, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of ArtPhotoGroup Pty Ltd. All rights in this Site and its Content are reserved worldwide.
  • It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. ArtPhotoGroup Pty Ltd reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
  • Photos are taken by ArtPhotoGroup Pty Ltd or professional photographers appointed by ArtPhotoGroup Pty Ltd. All photographs are sole propriety of ArtPhotoGroup Pty Ltd.
  • Images of products personalised with these photographs and uploaded on the Account’owner Private Web Gallery on the Site are sole propriety of ArtPhotoGroup Pty Ltd.
  • Product designs and layouts as well as web design and texts are the exclusive propriety of ArtPhotoGroup Pty Ltd and cannot be copied or used by Users without breaching our copyrights. Users are not allowed to use or to copy any material found on ArtPhotoBaby.com.au for any private or commercial purpose other than to conduct the purchase of a Product from the Site.
  • Any tentative by Account owners or other Users to copy the images from the Site including all images within his Private Web Gallery will be considered as a violation of ArtPhotoGroup copyrights. Specifically, screen copies in view to reproduce photos and images are strictly forbidden.
  • ArtPhotoGroup Pty Ltd reserves its rights to take any legal action against Users reproducing images from the site without prior formal consent given by ArtPhoto Group Pty Ltd.
  • Account owners’ personal details and photos will only be used : (a) by ArtphotoGroup Pty Ltd to create personalised products and upload their pictures in Account Owners ‘ Private Web Gallery for authorised Users to view, (b) by associated entities and service providers that assist ArtphotoGroup Pty Ltd in providing its Services, and (c) by ArtphotoGroup Pty Ltd and IT vendors to process and deliver orders and maintain Accounts.
  • ArtphotoGroup Pty Ltd may also use this information for the following specific purposes:
    1. a. To fulfill requests for products and services.
    2. b. To improve our products   services and to improve the content and appearance of our website. For example we may use anonymous information relating to web pages you've viewed, in order to analyse trends, track user's movements and provide a better website experience. We do not use this data in a manner that would identify you personally.
    3. c. To analyse the use of the Artphotobaby.com.au website.
  • Data collected by ArtphotoGroup Pty Ltd when creating Accounts and on Private Web Galleries will be used to create, upload, sell and produce personalised products. ArtphotoGroup Pty Ltd will transfer this data to selected suppliers for the printing and production of personalised products displayed in the Private Web Galleries.
  • Account owner gives their consent for the transfer of this information and images for this particular purpose and declares that they have no opposition to this.
  • ArtphotoGroup Pty Ltd will not communicate Account owners’ personal data to third parties for commercial reasons unless Account owners have given their prior consent by ticking the relevant opt-in and opt-out boxes on their inscription form. As a matter of example, ArtphotoGroup Pty Ltd may communicate data for advertising purposes to commercial companies trading in the Baby area so that Account owners may benefit from their promotional offers.
  • When creating their Account, Account owners are fully informed of the intended use of their data by ArtphotoGroup Pty Ltd. Account Owners can at anytime oppose the communication of their personal data to third party advertisers by going to their Private Web Gallery in ‘My Account’ or by writing to
ArtPhotoBaby – Privacy Officer18 Marshall Crescent BEACON HILL – NSW 2100-AUSTRALIA.

To learn more about data collection, use and protection, please read through our full Privacy Policy

  • The information contained on the ArtPhotoBaby website may contain technical inaccuracies or typographical errors. All liability of ArtPhotoGroup Pty Ltd howsoever arising from inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
  • The site and its content are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchant ability, fitness for a particular purpose, or non-infrigement. Users acknowledge that operation of the site may not be uninterrupted or error free.
  • To the maximum extent permitted by law, in no event shall ArtPhotoGroup Pty Ltd or its franchisees, licensors, suppliers or vendors, their officers, directors, employees or agents be liable for any incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not ArtPhotoGroup Pty Ltd has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Site or of failure to provide products or services that the User orders from ArtPhotoGroup Pty Ltd or its affiliates or franchisees, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service.
  • In no event shall ArtPhotoGroup Pty Ltd be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this Site or its content.
  • Any comments, suggestions, proposals or other feedback provided to ArtPhotoGroup Pty Ltd in connection with the operation or content of this Site shall be provided by the submitter and received by ArtPhotoGroup Pty Ltd on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of ArtPhotoGroup Pty Ltd.
  • By submitting any such information to ArtPhotoGroup Pty Ltd, Users agree that they are transferring and assigning, at no charge, all of their rights, title and interest in the information, including all copyrights and other intellectual property rights. Users agree that ArtPhotoGroup Pty Ltd shall be free to use such information on an unrestricted basis.