Terms of Use

Terms and Conditions

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Last updated date: 19 February 2018

 

Website Terms of Use

The Officeworks website (Website) is owned and operated by Officeworks Ltd (ABN 36 004 763 526).

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

To place an order on the Website, customers must be aged 18 or older.

1. Governing law

Officeworks controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Officeworks agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. Officeworks makes no representation that the Website is appropriate or available for use in all locations.

2. Revisions

Officeworks may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.

Officeworks may revise its product prices at any time in its absolute discretion.

3. Site contents, ownership, and use restrictions

The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from, or links to, third party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Officeworks and its related companies, affiliates, licensors and licensees.

All right, title and interest in all intellectual property rights in all of Officeworks' brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website (the "Brand Features") are the property of Officeworks and will remain or be vested in Officeworks at all times. Your use of the Website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website. Officeworks, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website.

 

4. Information from and Advertising and Links to Third Party Websites

The Website may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Officeworks and Officeworks is not responsible for the contents of any such information or website. Officeworks provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Officeworks. You rely on such information or websites entirely at your own risk.

You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, Officeworks shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party's privacy policy for information on how personal information is collected, used and disclosed by that third party.

The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

5. Prohibited conduct

 

  1. You are not authorised, without the prior written permission of Officeworks to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Website.
  2. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Officeworks may be used without Officeworks’ prior, specific, written permission or that of the trademark owner
  3. You must not upload, post, transmit or otherwise make available through this site any material which:
    • violates or infringes the rights of others (including their privacy and intellectual property rights);
    • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
    • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
    • affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
    • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Officeworks to take remedial action under any applicable industry code; or
    • solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.

6. We can use your feedback

You grant Officeworks an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Officeworks from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

7. Indemnity

You agree to indemnify and will keep Officeworks (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Officeworks (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties.

8. General

Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.

9. Disclaimer of warranty

Officeworks is providing the Website on an 'as is' and 'as available' basis and use of it is at your own risk. Officeworks and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, Officeworks expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.

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Website Terms and Conditions of Purchase

Products, services and prices may vary between Officeworks retail stores and those found on the Website.

These terms and conditions do not apply to any lease or purchase of goods and/or services which are financed by CSG Finance Australia Pty Ltd. Please refer to the Master Services and Lease Agreement for the applicable terms and conditions which can be viewed here.

1. Ordering goods

You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.

Any order placed by you is subject to your compliance with any specific limitations shown on the Website (or applicable website).

Officeworks may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.

We may require additional verification or information before accepting any order.

We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Purchases will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.

We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

2. About our prices

Product and service availability may vary between Officeworks retail stores and the Website due to different customer offers.

All prices are inclusive of GST.

Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

Prices and availability of items are subject to change without notice.

Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.

3. Delivery

See our Delivery Policy.

4. Returns policy

See our Returns Policy.

5. Title and risk

Title to the goods purchased from Officeworks online does not pass from Officeworks to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

6. Australian Consumer Law Consumer Guarantee Rights

Officeworks' goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For goods, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

You may cancel a service which you have activated and claim a refund for unconsumed services if there is a major problem with the prepaid business service. A major problem includes where the service:

  • is provided with an unacceptable level of care and skill; or
  • is unfit for the purpose you asked for; or
  • is not delivered within a reasonable time when there is no agreed end date; or
  • creates an unsafe situation

For minor problems with services, we will assist you to have the service fixed.

7. Additional product warranties

The product or services you purchase may come with an additional warranty to your Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product or service you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

8. Prepaid Business Services

Prepaid Business Services are services sold by Officeworks and fulfilled by third party Service Providers. These services must be activated on the Officeworks website prior to use.

In order to use your Prepaid Business Service, you may be required to accept additional Terms and Conditions from the Service Provider. If you do not accept the Service Provider's terms and conditions, you can return your Prepaid Business service to Officeworks for a refund in accordance with our Returns Policy.

Except where indicated, Prepaid Business Services must be activated within 12 months of purchase.

Except where indicated, Prepaid Business Services must be used within 12 months of activation.

Officeworks collects, uses, holds and discloses personal information related to Prepaid Business Services in accordance with its Privacy Policy and Collection Statement.

9. Exclusion of liability

To the extent permitted by law, Officeworks will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of the Website; or (2) goods or services supplied by Officeworks under these Terms and Conditions.

10. Limitation of liability

  1. To the extent permitted by law, Officeworks’s liability to you is limited, at Officeworks’ option, to:
    1. in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or
    2. in the case of any services supplied by Officeworks, to supplying the services again (or paying the cost of having the services supplied again).
  2. To the extent permitted by law, in no event will Officeworks, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these Terms and Conditions.
  3. This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.

11. Privacy

Officeworks collects, uses, holds and discloses personal information in accordance with its Privacy Policy and Collection Statement.

Through interaction with the Website, Officeworks will receive and store information that you provide or that is generated by your actions. For example, like many websites, Officeworks uses "cookies" and other technologies, to collect information about matters including but not limited to the date, time and duration of visits and which pages of the Website are most commonly accessed.

This information is generally not linked to the identity of visitors, except where the Website is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Website, such as when you are logged into an account.

We may use this information for purposes including but not limited to understanding and measuring your online experiences, determining what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites.

You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for "cookie" in the "Help" (or similar) portion of your browser.

12. Creating an Account

You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an "Account"). Officeworks reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Officeworks is final and no correspondence will be entered into.

All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You may never use another person's Account without their permission.

You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Officeworks of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Officeworks when you desire to cancel your Account. Officeworks will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.

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Business Customer Terms and Conditions

1. Business Pricing

Business pricing is subject to change.

Access to business pricing is based on an annualised minimum spend level across all purchases.

Customers who qualify for business pricing will have their purchases periodically reviewed. If a customer does not achieve the required minimum purchase amount, it may no longer qualify for business pricing.

2. Delivery Fees

Delivery fees for business customers are subject to change.

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30-Day Business Account Terms and Conditions

(Officeworks Ltd referred to as "Officeworks")

1. Terms

In applying for a 30-Day Business Account with Officeworks, you or your business entity on whose behalf you are acting (who in these 30-Day Business Account Terms and Conditions will be referred to as “the Customer”) acknowledge that any credit granted following this application will be subject to these 30-Day Business Account Terms and Conditions or as subsequently varied by Officeworks in accordance with clause 19.

2. Account

You must ensure you keep your contact details up to date in your online 30-Day Business Account portal.

3. Payment Terms

Payment terms are “Net 30 Days”, payment being due within 30 days from the date of invoice unless alternative terms are agreed upon by Officeworks in writing. Account payments are not subject to any settlement discount.

4. 30-Day Business Account credit

The 30-Day Business Account credit limit approved by Officeworks and advised to the applicant must not be exceeded. Officeworks periodically reviews its credit limits. By agreeing to these 30-Day Business Account Terms and Conditions, the Customer permits Officeworks to review and revise its credit limit from time to time. Officeworks may increase the Customer's credit limit at the Customer's specific request if Officeworks, in its absolute discretion, is satisfied that the Customer is sufficiently creditworthy. Officeworks may also reduce the Customer's credit limit either upon the Customer's request, or without the Customer's approval, but Officeworks will not reduce the Customer's credit limit below the outstanding balance on the Account at the time of the reduction without prior communication with the Customer.

5. Title and Risk

Ownership in Goods invoiced remains with Officeworks and does not pass to the Customer until payment is made in full. Notwithstanding the ownership in the Goods remaining with Officeworks until full payment is made, risk in the Goods passes to the Customer immediately upon delivery of the Goods to the Customer.

6. Personal Property Securities

If Officeworks determines that these 30-Day Business Account Terms and Conditions (or a transaction in connection with it) are or creates a security interest for the purposes of the Personal Property Securities Act 2009 (Cth), the Customer agrees to do all things which Officeworks considers necessary for the purposes of registering its security interest, including providing consents, signing and producing documents, or supplying information.

7. Commercial Re-sell

The Customer must not, in a commercial context, re-sell or offer for sale any Goods purchased from Officeworks on credit without the written permission of Officeworks and subject to any additional terms imposed by Officeworks. The Customer will hold any proceeds arising from a sale of the Goods in contravention of this paragraph on trust for Officeworks.

8. Outstanding Amounts

Officeworks, or its representatives, reserves the right to actively pursue collection of outstanding amounts, and costs, if any, will be passed on to the account of the Customer.

9. Set-Off

Officeworks may at any time set-off amounts owed by Officeworks to the Customer from the amounts owed by the Customer to Officeworks. Officeworks will ordinarily apply payments against the oldest outstanding amount due.

10. Customer Warranties

The Customer warrants to Officeworks that:

  1. all statements made and documents provided in connection with the credit application and all representations that the Customer has made or may make during the term of these 30-Day Business Account Terms and Conditions to Officeworks are true and correct; and
  2. the credit account is required for the Customer's business or commercial purposes and will not be used for personal, domestic or household purposes.

The Customer acknowledges that Officeworks relies on the correctness of these warranties in approving the credit application and continues to rely on these warranties in its further dealings with the Customer.

11. Customer Indemnities

The Customer indemnifies and holds harmless Officeworks and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any:

  1. unauthorised use of the Customer's credit account or Account Card/s;
  2. any breach of these terms and conditions by the Customer; or
  3. any negligent act or omission by the Customer,

and from and against all damages and reasonable costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.

12. Officeworks’ Liability

So far as the law permits, the liability of Officeworks for a breach of a condition or warranty that cannot be excluded is limited, at the option of Officeworks, to:

  1. the replacement or repair of the Goods;
  2. the supply of equivalent goods; or
  3. the cost of replacing or repairing the Goods or of acquiring equivalent goods.

13. Privacy

Officeworks hereby advises that, pursuant to s. 18E(8) of the Privacy Act 1988, information disclosed in the course of this credit application may be disclosed to a credit reporting agency. Under Section 18E(8)(c) of the Privacy Act 1988 Officeworks is allowed to give a credit reporting agency personal information about the Customer's credit application, information which may be given to an agency is covered by Section 18E(1) of the Act and includes identity particulars (as permitted by the Privacy Commissioner's determination issued under Section 18E(3)); the fact that the Customer has applied for credit and the amount, the fact that Officeworks is a credit provider to the Customer, payments which become overdue outside of agreed trading terms and for which collection action has been commenced; advice that payments are no longer overdue; cheques drawn by the Customer which have been dishonoured more than once; in specific circumstances, that in the opinion of Officeworks you have committed a serious credit infringement; that credit provided to you by Officeworks has been paid for or otherwise discharged.

Pursuant to ss. 18K(1) and 18N (1) of the Privacy Act 1988 and para. 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby agrees to Officeworks obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for commercial credit (including information as to creditworthiness); and agree to that agency or provider providing that information to Officeworks for that purpose. You further agree to the obtaining from, and provision by, such agency or provider further credit reports, which may assist Officeworks in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.

14. Costs

You are responsible for any stamp duty or other government charges levied on or in connection with this Application, Terms and Conditions, credit facility or guarantee.

15. Director’s Guarantee

If you are a body corporate, Officeworks may require one or more of your directors or officers to guarantee repayment of the balance of the credit facility. Officeworks will notify you of this requirement and seek your consent.

16. Contact Details

You must notify Officeworks promptly of any change in your name, address, telephone number or any other contact details you have previously provided to Officeworks. To notify any such changes, you must record those details in your online 30-Day Business Account.

17. Default

If you or an authorised operator:

  1. obtain credit by fraud or dishonesty; or
  2. allow the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or
  3. breach any of these terms and conditions; or
  4. being an individual commit an act of bankruptcy or become insolvent under administration; or
  5. become an externally-administered body corporate or have an application for winding-up filed against you; or
  6. use the credit facility in circumstances where Officeworks believes that the continued use of the credit facility may cause loss or damage to you or Officeworks; or if
  7. any person who has guaranteed your obligations under the credit facility withdraws his, her or their guarantee, then Officeworks may close or suspend the credit facility. If the credit facility is closed or suspended, then Officeworks may require immediate payment of all outstanding amounts. Suspension or cancellation does not affect any of your obligations or those of any authorised operator in respect of the credit facility.

18. Notice

Notices served under these 30-Day Business Account Terms and Conditions may be delivered by post, or by email to:

  1. the Customer - at the postal or email address provided in the credit application or notified in writing by the Customer to Officeworks from time to time;
  2. Officeworks - at 236-262 East Boundary Road East Bentleigh Victoria 3165; email 30daybusinessaccount@officeworks.com.au.

Notice is taken to be given:

c. if hand delivered, on delivery;

d. if sent by pre-paid post, three (3) business days after the date of posting for local or interstate mail; or

e. if sent by email, will be taken to be duly given or made on receipt by the sender of an acknowledgment by the intended recipient that the notice has been received (other than by way of an automatically generated message by the mail server on which the recipient's email account is stored).

19. Variation

Officeworks may vary the terms and conditions of the Account with respect to future transactions between Officeworks and the Customer:

  1. by agreement between Officeworks and the Customer; or
  2. unilaterally by Officeworks giving to the Customer not less than seven days' prior written notice specifying the variation and the date on which the variation becomes effective.

Notice of the variation under this clause need not be sent separately and may be sent with the Customer's statement of account or as part of any other correspondence.

20. Assignment

The Customer must not assign the Contract without the consent in writing of Officeworks which it may withhold in its absolute discretion.

21. Waiver

Failure by Officeworks to enforce its obligations under the Contract does not constitute waiver of Officeworks's rights unless it is in writing, nor does it affect the obligation of the Customer to make any further payments as and when they fall due.

22. Governing law

These 30-Day Business Account Terms and Conditions are governed by the laws in force in Victoria, Australia.

23. Terms of Use of Account

The following terms apply to the use of a customer account:

  1. Upon account approval, you will be issued with a digital card.
  2. If you do not present a pre-approved purchase order, the Customer must utilise its account card when ordering or purchasing Goods on credit from Officeworks.
  3. Purchase Orders may only be used if pre-approved by Officeworks.
  4. Plastic account cards may be issued on request from a customer. Each plastic account card must be activated by the card holder or account administrator using the online 30-Day Business account.
  5. The Customer is liable for all transactions entered into on its account, including all losses caused by unauthorised use of the customer account or any customer account card unless:
    1. caused by the wrongful conduct of Officeworks' employees;
    2. caused by a forged or faulty account card; or
    3. such use occurs after the Customer has notified Officeworks in accordance with these 30-Day Business Account Terms and Conditions that the account or account card is being used without the Customer's authority or that the account card has been lost or stolen (unless the Customer or the authorised user of the account card has failed to sign the card).
  6. Each plastic account card is the property of Officeworks and must be returned to Officeworks immediately on request. The Customer, including the account administrator or card holder, must immediately cancel any lost or stolen account cards using the online 30-Day Business account.

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Photos Terms and Conditions

Officeworks Photos website is operated by Officeworks Ltd ABN 36 004 763 526 (Officeworks)(Website).

The Website allows you to order products such as digital prints, photo books, photo gifts, canvas prints, calendars and greeting cards (Product) from Officeworks which will be printed by Officeworks and / or Photo Create Pty Ltd ABN 79 120 304 010 (Photo Create), a third party engaged to fulfil orders for Product placed through the Website.

The Website is owned by FUJIFILM Australia Pty Ltd ABN 80 000 064 433 (Fujifilm) and its licensors.

Officeworks, Fujifilm and Photo Create are together referred to as Parties in these Officeworks Photos Terms and Conditions.

By accessing and using the Website, You acknowledge that You have read, understood, and agree to be bound by these Officeworks Photos Terms and Conditions and the above Terms of Use (Terms). These Terms together with the price, specifications and delivery details stated in Your order, form the terms on which You agree to access and use the Website.

If You do not agree to these Terms and Conditions, You must not access and use this Website.

1. Intellectual Property Rights

The Website is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright and trademarks) in the Website and all content in it, are owned by Officeworks or Fujifilm, or their licensors.

Officeworks claims no ownership rights in any images or photographs submitted by You to the Website. The copyright owner continues to own all of the images and photographs submitted by You to the Website.

2. Order acceptance

  1. By placing an online order for a Product (Order) You confirm that:
    1. You have checked all pages and previewed Your Order using the preview function;
    2. Your design fully meets Your requirements and You wish to proceed with Your Order; and
    3. You understand that once submitted, Your Order cannot be altered or cancelled.
  2. Officeworks reserves the right to accept or reject Your Order in whole or in part for any reason, including for conduct in breach of clause 4.
  3. For each Order placed, You must pay:
    1. The applicable price for Your Order confirmed by Officeworks in the shopping cart; and
    2. The delivery and handling fee specified in Your Order.
  4. Flybuys, Wesfarmers staff discount and the Officeworks 30-Day Business Account cards cannot be used when ordering Your Product.

3. Your Content

  1. You are solely responsible for all content submitted or uploaded by You on the Website and retained in Your file (Content). You should take appropriate steps to back up photographs submitted by You to the Website.
  2. You must proof and preview Your Order and Content and carefully check any spelling before submitting Your Order.
  3. After completing Your Order, Your Content will be stored for a period of 6 months on the Website's server to enable online sharing and re-ordering. Thereafter the Content will be deleted. We are not responsible for any loss of data resulting from such deletion.
  4. By uploading Your Content, You grant the Parties a perpetual worldwide non-exclusive transferable right (including the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content for the purpose of providing the Product and related services to You and to make your Content available to any third party to whom you have chosen to share Your Content.
  5. You warrant that You are either the owner of the copyright OR you have a license from the owner of the copyright to reproduce Your Content in Your Product.

4. Prohibited conduct

  1. You must not upload, post, transmit or otherwise make available through the Website any material which:
    1. violates or infringes the rights of others (including their privacy and intellectual property rights);
    2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
    3. restricts or inhibits any other user from using or enjoying the Website;
    4. affects the functionality or operation of the Website or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
    5. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Parties to take remedial action under any applicable industry code.
  2. The Parties reserve the right not to produce any item that it reasonably believes may contravene Australian law; contain explicit or sexual imagery; is invasive of privacy; vulgar; obscene; profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment any Content is in violation of applicable laws.
  3. Except to the extent that the Copyright Act 1968 (Cth) allows you to do so, you must not reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the Website. You must not modify, pledge, sublicense, rent, lease, or create derivative works based on the Website, including its user interfaces. The source and object code of the Website must not be accessed, examined or shared except as permitted by law.

5. Liability

  1. The Parties will not accept liability for damage or loss of Your Content.
  2. The Parties cannot guarantee that the quality of the Product will be as seen on your computer monitor.
  3. The Parties' liability is limited to errors which are related to production, shipping and delivery of the Product.
  4. You must properly secure Your user-name and password. The Parties are not liable if Your user-name or password is used by an unauthorised person. You agree to release and/or indemnify the Parties in connection with any use (whether authorised or unauthorised) of your user-name or password.
  5. You agree to indemnify and will keep the Parties indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Parties in connection with Your use of the Website, Your Content, the Order, Your breach of these Terms and Conditions or Your breach of any rights of third parties.
  6. Where a Party is liable under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
    1. the replacement of Your Officeworks Photos Product or the supply of an equivalent Officeworks Photos Product;
    2. the payment of the cost of replacing Your Officeworks Photos Product or of the supply of an equivalent Officeworks Photos Product; or
    3. refunding Your order.
  7. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
    1. interruption of business;
    2. access delays to, access interruptions to, suspension of or discontinuation of the service;
    3. data non-delivery, mis-delivery, corruption, destruction or other modification;
    4. loss or damages of any sort incurred as a result of dealings with the service;
    5. viruses, system failures or malfunctions which may occur in connection with your use of the service;
    6. any inaccuracies or omissions in content; or
    7. events beyond our reasonable control.

6. Delivery time

  1. Fujifilm and/or Photo Create (as applicable) will endeavour to produce and deliver Your Product within 7-10 business days to Your nominated address or nominated Officeworks store.
  2. Delayed delivery is not a basis for cancellation of the order or a request for compensation.
  3. If delivery cannot be made to your home, You agree for the courier to leave the parcel in a safe place. Alternatively, an attempted delivery notification card will be left and the item will be available for collection from the nearest post office.

7. Rights We Cannot Exclude

The above disclaimers and limitations on liability do not exclude, modify or limit any rights, which by law may not be excluded, modified or limited, including but not limited to Your rights under the Australian Consumer Law.

8. Complaints

If you have any complaint with the product, please tell us by clicking here.

9. Privacy

  1. When you place Your Order on the Website, You will be asked for the following personal information: your name, e-mail address, mailing address, delivery address and any special delivery instructions, phone number. The Parties will use this information to enable the processing of Your Order, provide information and updates regarding Your Order and support to You for future orders including notifications. You agree to this contact and use by the Parties.
  2. Fujifilm and Photo Create may share all information associated with Your Order and use of the Website with Officeworks and You agree for Fujifilm and Photo Create to do so.
  3. Fujifilm and Photo Create will only share that information which is absolutely necessary with any other third parties that are involved in the processing of Your Order. For example, the shipping carrier that delivers Your Order.
  4. The Parties are committed to reducing the amount of fraud. The Parties' policy is that it will prosecute any cases of fraud that it identifies. As a first-time customer, You may receive a telephone call or email requesting more information/proof to confirm the details that You have supplied to Fujifilm or Photo Create. If any of the information You supply is found to be false or misleading, the Parties will not proceed with the Order and if it deems it appropriate, report this to the appropriate authorities for them to prosecute.
  5. Fujifilm and Photo Create do not share, sell, rent or barter any identifiable personal information to or with any third party without Your consent.
  6. The Parties may send You information about their products and services including any specials and You agree for them to do so. There is an option in each email to unsubscribe to such information, if You do not wish to receive it. The Parties also have administrative procedures in place to remove email addresses and domains that consistently send failure messages to its email servers.
  7. Officeworks' Privacy Policy can be found here.

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Print and Copy Terms and Conditions

These terms and conditions apply to online and in-store orders for custom printed products (Products) (Terms and Conditions).

Officeworks will itself, or in its discretion, through a third party, fulfil orders for Products in accordance with these Terms and Conditions.

By placing an order for Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and for online orders, the Officeworks Website Terms of Use. These Terms and Conditions together with the price, specifications and delivery details stated in your order, form the terms on which you agree to purchase the Products.

1. Intellectual Property Rights

Officeworks claims no ownership rights in any content submitted by you. The copyright owner continues to own all of the content submitted by you.

2. Order acceptance

  1. By placing an order for a Product (Order) you confirm that:
    1. you have checked all pages and previewed your Order;
    2. your design fully meets your requirements and you wish to proceed with your Order; and
    3. you understand that once submitted, your Order cannot be altered or cancelled.
  2. Officeworks reserves the right to accept or reject your Order in whole or in part for any reason.
  3. For each Order placed, you must pay:
    1. the applicable price for your Order confirmed by Officeworks; and
    2. for online orders, the delivery and handling fee specified in your Order.
  4. Payment may be made using your Officeworks 30-Day Business Account.
  5. Flybuys and Wesfarmers staff discount cannot be used when ordering your Product.

3. Your Content

  1. You are solely responsible for all content submitted or uploaded by you (Content).
  2. By placing an Order, you grant Officeworks a perpetual, worldwide, non-exclusive, transferable right (including the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content for the purpose of providing the Product/s to you.
  3. You warrant that you are either the owner of the copyright or you have a license from the owner of the copyright to reproduce your Content in your Product/s.

4. Prohibited conduct

  1. You must not provide us with any material which:
    1. violates or infringes the rights of others (including their privacy and intellectual property rights);
    2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
  2. Officeworks reserves the right not to produce any item that:
    1. it reasonably believes may contravene Australian law, regulation or industry code;
    2. contains explicit or sexual imagery;
    3. is invasive of privacy;
    4. it reasonably believes is vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.

Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by Officeworks to law enforcement authorities.

5. Liability

  1. Officeworks will exercise reasonable care in handling any original documents and USB’s which are provided to it. However, Officeworks does not accept liability for damage or loss of your Content.
  2. You agree to indemnify and will keep Officeworks indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Officeworks in connection with your Content, the Order, your breach of these Terms and Conditions or your breach of any rights of third parties.
  3. Where a Party is liable under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
    1. the replacement of your Product or the supply of an equivalent Product;
    2. the payment of the cost of replacing your Product or of the supply of an equivalent Product; or
    3. refunding the amount of your order.
  4. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
    1. interruption of business;
    2. access delays to, access interruptions to, suspension of or discontinuation of the service;
    3. data non-delivery, mis-delivery, corruption, destruction or other modification;
    4. loss or damages of any sort incurred as a result of dealings with the service;
    5. viruses, system failures or malfunctions which may occur in connection with your use of the service;
    6. any inaccuracies or omissions in content; or
    7. events beyond our reasonable control.

6. Delivery time

  1. Officeworks will endeavour to produce and deliver your Product within 2-12 business days to your nominated address or nominated Officeworks store. Refer to our Delivery Policy found here.
  2. Delayed delivery is not a basis for cancellation of the order or a request for compensation.
  3. For in-store orders, you must collect originals and all copies of materials within fourteen (14) days of the collection date specified overleaf. If after fourteen (14) days, Officeworks is unable to contact you on the number provided, or if Officeworks does contact you and you have not collected the originals and all copies within a further seven (7) days Officeworks may, at its discretion:
    1. store originals and/or copies and/or USB’s which you provided to Officeworks or deliver them, at your cost, to your address; or
    2. destroy all copies and USB’s which were provided to Officeworks by you; or
    3. take such other action as Officeworks may, in its absolute discretion decide.
  4. For online orders, if delivery cannot be made to your nominated delivery address, you agree for the courier to leave the parcel in a safe place. Alternatively, an attempted delivery notification card will be left and the item will be available for collection from the nearest post office or applicable parcel collection centre.

7. Rights We Cannot Exclude

The above disclaimers and limitations on liability do not exclude, modify or limit any rights, which by law may not be excluded, modified or limited, including but not limited to your rights under the Australian Consumer Law.

8. Complaints

If you have any complaint with the Product, please tell us by clicking here.

9. Privacy

  1. When you place your Order, you will be asked for the following personal information: your name, e-mail address, mailing address, delivery address and any special delivery instructions, phone number. Officeworks will use this information to enable the processing of your Order, provide information and updates regarding your Order and support you for future orders including notifications. You agree to this contact and use by Officeworks.
  2. Officeworks may share all or any part of the information associated with your Order with a third party printer to fulfil your Order or with a third party delivery driver to deliver your Product.
  3. Officeworks will only share that information which is absolutely necessary with any other third parties that are involved in the processing of your Order.
  4. Officeworks' Privacy Policy can be found here.

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Recharge Cards Terms of Use

Introduction

This document contains the terms that apply to your use of the Print and Copy Recharge Card.

By charging, redeeming or attempting to charge or redeem the credit on your Print and Copy Recharge Card, you accept and agree to be bound by these Terms of Use and acknowledge that you have read and understood our Privacy and Security Notice: www.officeworks.com.au/information/policies/privacy-policy

If you have any questions or would like more information about your Print and Copy Recharge Card, please visit www.officeworks.com.au/pcss

Purchasing & Using a Recharge Card

A Print and Copy Recharge Card can be obtained at any Officeworks store from a Print and Copy Self Service Dispenser.

A Print and Copy Recharge Card is redeemable at Officeworks retail stores only on Print and Copy Self Serve printing facilities.

Card Limit and Authorisation to Deduct

The Print and Copy Recharge Card is restricted to a maximum credit value of $150. If you attempt to load credit in excess of the $150 maximum, the transaction may be automatically cancelled.

You agree that we can reduce the remaining card value by the value of all purchases of printing and associated services that are authorised by you.

Transactions are authorised by you when you swipe your Print and Copy Recharge Card, or allow an operator or other person to do so, at an Officeworks Self Serve printing kiosk.

When you authorise a transaction:

  • you are confirming that the transaction correctly represents the purchase price of the printing or services obtained; and
  • you are agreeing to pay the amount of that transaction by the reduction of the remaining card value.

Your Print and Copy Recharge Card may only be used to make purchases up to the remaining card value. If you wish to make a purchase for an amount that exceeds the remaining card value, the transaction will be cancelled and you will be prompted to top up the Print and Copy Recharge Card on the Print and Copy Self Serve Card Dispenser.

You cannot obtain any cash advance with your Print and Copy Recharge Card or redeem your Print and Copy Recharge Card for cash.

Validity and expiry of the Print and Copy Recharge Card

Your Print and Copy Recharge Card will be valid for use for 3 years from the date of the last transaction (or as otherwise extended or reduced by us).

To check the balance and transaction history of your Print and Copy Recharge Card, see in-store at the Print and Copy Self Serve Card Dispenser, any customer service desk, by calling 1300 OFFICE or online at www.officeworks.com.au/pcss

You can cancel or refund your Print and Copy Recharge Card at any point of sale terminal in any Officeworks store in Australia. Any unused balance will be refunded to you.

Your Print and Copy Recharge Card, your responsibility

Treat your Print and Copy Recharge Card like cash. Lost or stolen cards will not be replaced or refunded.

You are liable for all transactions on your Print and Copy Recharge Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.

Changes to Terms of Use

We may change any of the terms contained in these Terms of Use at any time where the change is required:

  • to add or remove goods or services which may be purchased with the Print and Copy Recharge Card;
  • for systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
  • to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
  • where we, acting reasonably, consider that it will not be to your detriment.

The terms and conditions will be published online at www.officeworks.com.au/pcss.

Applicable law

These Terms of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from your receipt or use of a Print and Copy Recharge Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

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Mailman Terms and Conditions

By using the Mailman parcel delivery service to send and protect your parcel(s) you agree to the terms set out in the Fastway Conditions of Carriage (pdf 108kb).

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In-Store Wi-Fi Terms of Use

The Officeworks Free WiFi service ("Service") is provided to Officeworks customers as a convenience while they are at Officeworks. If you do not agree to or comply with these Terms of Use, you are deemed an "Unauthorised User" and must disconnect from the Service immediately.

1. Agreement with Terms of Use

All users of the Service must first read, agree with and accept all of these Terms of Use before using the Service. We may revise these Terms of Use from time to time without notice. Each time you use the Service, you agree to be bound by the Terms of Use current at the time of your use.

Officeworks is providing a complimentary service and makes no promises about reliability or the ongoing security of your data or device(s).

Officeworks is providing you with access to the Service as a complimentary service for your convenience during your visit with us. To the extent allowed by law, Officeworks does not warrant that the Service will be delay-free, uninterrupted, secure, fault-free, and free from malicious software such as computer viruses. You acknowledge that: (i) the Service provides encrypted wireless access to the Internet as a basic level of protection only; (ii) you are solely responsible for the security of your system and any transmissions you make or receive; and (iii) you understand the risks of Internet usage and this Service and will take any necessary security precautions, including but not limited to specific encryption of confidential transmissions, keeping valid backups of all personal data and protecting your system with a firewall and robust user authentication.

2. WiFi access time limitations

Officeworks will limit internet connection time and therefore the Service based on demands on the Service, at which time you will be required to agree to the Terms of Use again. This is to prevent excessive use by users who seek to consume bandwidth to the exclusion of other customers.

3. Officeworks may limit access to the Service

The Service is designed and built to give all users fair access to the Internet for reasonable use. Officeworks does not allow the download of large file formats because of the impact to other users. Officeworks does not allow access to materials which may be offensive to some users and access to some Internet sites and portals might be blocked at Officeworks' discretion. Officeworks may disconnect your device from the Service at any time in its absolute discretion.

4. Prohibited Conduct

You must not use the Service or engage in any activity which can or will: a) introduce any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; b) create any liability for Officeworks or cause Officeworks to lose (in whole or in part) the services of its suppliers; c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); d) is defamatory, trade libellous, threatening, abusive or harassing; e) is obscene or involves pornography; f) infringes any third party's intellectual property rights, rights of privacy or rights of publicity; g) involves any attempt to access any data or system which you are not authorized to access; or h) transmits "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming", or "spamming."

5. Network Monitoring

Officeworks routinely monitors and logs communications over its networks for security, performance, access and filtering purposes. You acknowledge and agree that Officeworks may access, monitor, audit, intercept and disclose any such communications, data or information. You agree that you have limited privacy when using the Service.

6. Disconnection from Service

You agree that Officeworks is not required to make any Internet services available, and may revoke or limit your access to the Service at any time for any reason, or no reason, with or without notice. This includes if you are in breach of these Terms of Use and conditions or we reasonably believe that there is a risk of loss or damage to Officeworks or a third party if your access is not terminated or limited.

7. Privacy

The following user information may be collected by Officeworks when you connect to the Service: your device’s MAC address and the addresses of the websites you visit while you are connected to the Service. For information on how Officeworks collects, uses, discloses and stores personal information, please see the Officeworks Privacy Policy at https://www.officeworks.com.au/information/policies/privacy-policy

In these terms: 'you' or 'your' includes but is not limited to an Authorised User of the Service. 'we', 'our' or 'us' means Officeworks Ltd ABN 36 004 763 526. Officeworks' rights and benefits under the Agreements will be held for its own benefit. 'Officeworks Free WiFi Service' means the wireless internet network operated by us for you.

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Prepaid Phone Terms and Conditions

1. Telstra

Telstra mobiles will only work with a Telstra SIM card. Unlocking fee applies for use with a non-Telstra SIM card. Limit 1 per customer and no trade sales. Availability of colours may vary at participating outlets. ™ & © are trade marks and registered trade marks of Telstra Corporation Limited, ABN 33 051 775 556.

Things you need to know:

Telstra Pre-Paid Mobile Broadband Data Passes can be used on Telstra Mobile Broadband devices or Telstra Pre-Paid SIM Starter Kits. Once you've used all your data, you can continue to use your recharge credit at the PAYG rate of $2/MB (charged per KB) in Australia. Recharge credit can be used on texts to standard Australian numbers, content charges and use while overseas charged at $3/MB (charged per KB or part thereof). Some usage is excluded, such as calls to standard Australian and International numbers, calls/texts to satellite numbers and premium numbers, operator assisted calls, MessageBank®retrieval and diverted calls. Unused recharge credit and data expires unless you recharge again before expiry.

The spectrum device and ™ are trade marks and © are registered trade marks of Telstra Corporation Ltd, ABN 33 051 775 556.

2. Optus

Prepaid Handsets: may be locked to The Optus Network. Unlocking fees may apply. For unlocking fees, see www.optus.com.au/unlock. No rain checks. Android is a trademark of Google Inc.

Prepaid Mobile Broadband: Mobile Fair Go policy applies. Data usage includes uploads and downloads, and is counted in 1KB increments. The maximum Data Allowance at any time is 36GB. You will forfeit any data you recharge over this 36GB limit. For more information, see www.optus.com.au/prepaidmobilebroadband

All My Prepaid plans are available on our 3G and 4G plus networks.

The Optus 4G plus network is available in all capital cities and hundreds of metro, regional and holiday towns with a compatible device.

Coverage varies by device. Check coverage at www.optus.com.au/coverage

Fair Go Policy Applies

The Nitty Gritty. Extras Credit: Expires in 30 days or on next recharge, whichever is earlier. Travel Credit: For use on standard voice calls. SMS and data whilst roaming overseas. Travel Credit cannot be used for MMS. Travel Credit will be charged at standard rates which can be found at optus.com.au/travel. Optus makes no guarantee regarding the quality and availability of coverage or any roaming services. Add Ons: Used before the same usage type in your plan recharge (e.g. a 500MB Data Add On will be used before the included Data in your plan recharge). If you recharge with the same Add On before it expires, the inclusions in each Add On will roll over (e.g. if you recharge with a $10 Extras Credit Add On before an earlier $10 Extras Credit Add On expires, those Add On inclusions will roll over). However the data included in your plan recharge will not roll over unless you recharge with a plan recharge (and not an Add On) within your plan recharge's expiry (for example, 1.5GB on a $30 plan recharge will not roll over unless you recharge with another plan recharge within the 30 day expiry). Coverage: depends on your device.Data Roll Over: Unused included data will roll over to next recharge up to 10GB if you recharge before credit expires. You will lose all your data if you do not recharge before credit expiry. If you recharge over 10GB you will forfeit any data over that limit.

Modem Model Names: Huawei E5251/E5573. Coverage: The Optus 4G Plus network is available in all capital cities and hundreds of metro, regional and holiday towns with a compatible device and plan. Coverage varies by device. Check at optus.com.au/coverage General: Mobile phone is network locked. For unlocking fees see optus.com.au/unlock Android™ is a trademark of Google Inc. Limit of one per customer. No rainchecks.

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Information