Terms & Conditions
Introduction
By using BabyPassportPhoto and the babypassportphoto website (Service), a service of OLKY PTY LTD (ABN 48 642 505 762) ("OLKY PTY LTD" or "BabyPassportPhoto" or "we" or "us" or "our"), you are agreeing to be bound to the following terms and conditions (Terms and Conditions).
BabyPassportPhoto reserves the right to update and change these Terms and Conditions at its discretion without notice. Any new features added to the current Service shall be subject to these Terms and Conditions.
Continued use of the Service after any such changes shall constitute your consent to such changes.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. Violation of any of the terms below may result in immediate termination of your Service account.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
Account Terms
Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete registration or purchase.
You are responsible for maintaining the security of your account and password. BabyPassportPhoto cannot and will not be liable for any loss of information or security breaches resulting from your failure to comply with this obligation. You are responsible for all activity that occurs under your account.
You may not use the Service for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including copyright or identity fraud laws). Should you engage in illegal activity through the Service, you agree to hold BabyPassportPhoto harmless and not liable for any damages or crimes that may occur as a result. Your account may be immediately suspended and deleted.
Acceptable Use Policy
You may not use the Service to:
Upload unlawful, fraudulent or misleading content
Impersonate another individual
Submit manipulated or falsified identification materials
Distribute offensive, illegal or harmful content
Prohibited content includes:
Sexually explicit material
Child exploitation or abuse content
Content promoting violence, hatred or discrimination
Malware or malicious software
Content promoting illegal activity
Misrepresentative or deceptive content
We reserve the right to determine what constitutes a violation of this policy and to terminate accounts at our sole discretion.
Content
Our Service allows you to upload and process photos ("Content").
You are responsible for the Content that you upload, including its legality and appropriateness.
By uploading Content, you grant us a limited, non-exclusive license to process, modify, format and store such Content solely for the purpose of providing the Service.
You represent and warrant that:
You own the Content or have the legal right to use it
The Content does not violate any third-party rights
The Content does not breach any applicable law
We reserve the right to remove Content at any time if it violates these Terms.
Intellectual Property
The Service, including its software, AI processing technology, design, branding and functionality, is the exclusive property of OLKY PTY LTD and its licensors.
You may not:
Copy or reproduce the Service
Reverse engineer or attempt to extract source code
Resell or commercially exploit the Service
Nothing in these Terms transfers ownership of intellectual property to you.
You are granted a limited, revocable, non-transferable license to use the Service for personal, non-commercial purposes.
Payments & Fees
Certain features of the Service require payment.
By purchasing:
You authorize us to charge your selected payment method
You agree to provide accurate billing information
Payments are processed through third-party payment providers (including Stripe and PayPal). Processing fees charged by these providers are subject to their own terms and conditions.
We do not store full payment card information.
All fees are non-refundable except where required by law or expressly stated.
Refunds
If your passport or visa photo is rejected due to formatting issues attributable to our Service, you may contact us for:
A free correction; or
A refund request review
Refund requests must be submitted within a reasonable timeframe and may require proof of rejection.
Contact: [email protected]
Except where required by law, fees are non-refundable.
Cancellation and Termination
You may discontinue using the Service at any time.
We may suspend or terminate your access without notice if you breach these Terms.
Upon termination:
Your right to use the Service ceases immediately
Stored data may be deleted
Provisions relating to intellectual property, liability limitations and indemnification survive termination.
Modifications to the Service
BabyPassportPhoto reserves the right to modify or discontinue the Service at any time, with or without notice.
It is your responsibility to review these Terms periodically. Continued use of the Service constitutes acceptance of any updates.
Limitation of Liability
To the fullest extent permitted by law:
BabyPassportPhoto excludes all implied warranties.
Our liability is limited, at our option, to:
Re-supplying the Service; or
Refunding the amount paid for the Service.
We are not liable for:
Government rejection due to changing requirements
Indirect or consequential damages
Delays in passport or visa processing
Our total liability shall not exceed the amount paid by you.
Nothing in these Terms excludes rights that cannot be excluded under Australian Consumer Law.
Indemnification
You agree to indemnify and hold harmless OLKY PTY LTD, its directors, employees and affiliates from any claims, damages, liabilities or expenses arising from:
Your use of the Service
Your violation of these Terms
Your violation of any law or third-party rights
Applicable Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia.
You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
If any provision of these Terms is found to be invalid, the remaining provisions remain in effect.
Links to Third-Party Services
The Service may contain links to third-party websites or services.
We are not responsible for the content, privacy practices or actions of third-party websites.
Use of third-party services is at your own risk.
General Conditions
The Service is provided on an "as-is" and "as-available" basis.
We do not guarantee that:
The Service will be uninterrupted or error-free
Errors will be corrected
The Service will meet your specific requirements
We use third-party vendors to operate the Service infrastructure.
You agree not to abuse, threaten or harass our staff. Such behaviour may result in immediate termination.
Customer Data
You retain ownership of your data.
By using the Service, you authorize us to process your uploaded photos solely for the purpose of delivering the Service.
You are responsible for ensuring that your uploaded data complies with applicable laws.
We may delete data that violates these Terms.
Contact Information
If you have any questions regarding these Terms, please contact: