WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are
agreeing to comply with and be bound by the following terms and conditions of
use, which together with our privacy policy and website disclaimer,
govern amarcordphotography.com.au’s
relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and
conditions of use. For the purposes of these terms and conditions, “Us”, “Our”
and “We” refers to amarcordphotography.com.au and
“You” and “Your” refers to you, the client, visitor, website user or person
using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms
at any time. Please check these terms regularly prior to using our website to
ensure you are aware of any changes. We will endeavour to highlight any
significant or substantive changes to you where possible. If you choose to use
our website then we will regard that use as conclusive evidence of your
agreement and acceptance that these terms govern your and amarcordphotography.com.au’s
rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and
accept that amarcordphotography.com.au is
not legally responsible for any loss or damage you might suffer related to your
use of the website, whether from errors or from omissions in our documents or
information, any goods or services we may offer or from any other use of the
website. This includes your use or reliance on any third party content, links,
comments or advertisements. Your use of, or reliance on, any information or
materials on this website is entirely at your own risk, for which we shall not
be liable.
It shall be your own responsibility to ensure that any products, services or
information available through this website meet your specific, personal
requirements. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular
Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the
Competition and Consumer Act 2010 (Cth), amarcordphotography.com.au’s
liability for any breach of a term of this agreement is limited to: the
supplying of the goods or services to you again; the replacement of the goods;
or the payment of the cost of having the goods or services supplied to you
again.
You must be over 18 years of age to use this website and to purchase any goods
or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable
courier companies. Deliveries are processed promptly upon receipt of full
payment. Delivery may take between 2 and 14 days, depending on the delivery
option. Damaged or lost orders should be resolved with Australia Post or the
courier company directly and we are not responsible for goods that are damaged
in transit or not received. Replacement of damaged or lost items is made at the
discretion of amarcordphotography.com.au.
Digital goods are delivered immediately. Please be aware there are inherent
risks associated with downloading any software and digital goods. Should you
have any technical problems downloading any of our goods, please contact us so
we may try to assist you.
RETURNS AND REFUNDS
amarcordphotography.com.au handles
returns and processes refunds in accordance with the Australian Consumer
Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a
valid reason for return. If we are unable to resolve your complaint or further
assist you, we will process a refund upon timely receipt of the goods
purchased. Unopened goods will be refunded in full. Refunds will be processed
promptly and payment made by the same method that you made payment. All refunds
are made at the discretion of amarcordphotography.com.au.
LINKS TO OTHER WEBSITES
amarcordphotography.com.au may
from time to time provide on its website, links to other websites,
advertisements and information on those websites for your convenience. This
does not necessarily imply sponsorship, endorsement, or approval or arrangement
between amarcordphotography.com.au and
the owners of those websites. amarcordphotography.com.au takes
no responsibility for any of the content found on the linked websites.
amarcordphotography.com.au’s
website may contain information or advertisements provided by third parties for
which amarcordphotography.com.au accepts
no responsibility whatsoever for any information or advice provided to you
directly by third parties. We are making a ‘recommendation’ only and are not
providing any advice nor do we take any responsibility for any advice received
in this regard.
DISCLAIMER
To the fullest extent permitted by law, amarcordphotography.com.au absolutely
disclaims all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for any particular
purpose. amarcordphotography.com.au gives
no warranty that the documents, goods or services will be free of errors, or
that defects will be corrected, or that our website or its server is free of
viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and
up-to-date information on our website, we do not warrant or make any
representations regarding the use or the result of the use of any document,
product, service, link or information in its website or as to their
correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of amarcordphotography.com.au to
bear any and all costs of servicing, repairs, or correction. The applicable law
in your state or territory may not permit these exclusions, particularly the
exclusions of some implied warranties. Some of the above may not apply to you
but you must ensure you are aware of any risk you may be taking by using this
website or any products or services that may be offered through it. It is your
responsibility to do so.
YOUR PRIVACY
At amarcordphotography.com.au,
we are committed to protecting your privacy. We use the information we collect
about you to maximize the services that we provide to you. We respect the
privacy and confidentiality of the information provided by you and adhere to
the Australian Privacy Principles. Please read our separate Privacy Policy
carefully.
You may change your details at any time by advising us in writing via email.
All information we receive from our customers is protected by our secure
servers. amarcordphotography.com.au’s
secure server software encrypts all customer information before it is sent to
us. Furthermore, all customer data collected is secured against unauthorized
use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may
however use in a general sense without any reference to your name, your
information to create marketing statistics, identify user demands and assist in
meeting customer needs generally. In addition, we may use the information that
you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
amarcordphotography.com.au may
be required, in certain circumstances, to disclose information in good faith
and where amarcordphotography.com.au is
required to do so in the following circumstances: by law or by any court; to
enforce the terms of any of our customer agreements; or to protect the rights,
property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for
the purpose of providing them for a fee to users, whether they be business
users or domestic users, then you are a competitor of amarcordphotography.com.au. amarcordphotography.com.auexpressly
excludes and does not permit you to use or access our website, to download any
documents or information from its website or obtain any such documents or
information through a third party. If you breach this term then amarcordphotography.com.au will
hold you fully responsible for any loss that we may sustain and further hold
you accountable for all profits that you might make from such unpermitted and
improper use. amarcordphotography.com.au reserves
the right to exclude and deny any person access to our website, services or
information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This
material includes, but is not limited to, the design, layout, look, appearance,
trademarks and graphics. You are not permitted to reproduce the documents,
information or materials on the website for the purposes of sale or the use by
any third party. In particular you are not permitted to republish, upload,
transmit electronically or otherwise or distribute any of the materials,
documents or products that may be available for download from time to time on
this website.
amarcordphotography.com.au expressly
reserves all copyright and trademark in all documents, information and
materials on our website and we reserve the right to take action against you if
you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form
is prohibited other than the following: you may print or download to a local
hard disk extracts for your personal and non-commercial use only; and you may
copy the content to individual third parties for their personal use, but only
if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or
commercially exploit the content. Nor may you transmit it or store it in any
other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and amarcordphotography.com.au concerning
your use and access to amarcordphotography.com.au’s
website and your use and access to the documents and information on it. No
other term is to be included in this agreement except where it is required to
be included by any legislation of the Commonwealth or any State or Territory.
All implied terms except those implied by statute and which cannot be expressly
excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal,
void, or unenforceable in any State or Territory then such a clause shall not
apply in that State or Territory and shall be deemed never to have been
included in these terms and conditions in that State or Territory. Such a
clause if legal and enforceable in any other State or Territory shall continue
to be fully enforceable and part of this agreement in those other States and
Territories. The deemed exclusion of any term pursuant to this paragraph shall
not affect or modify the full enforceability and construction of the other
clauses of these terms and conditions.
USE OF
WEBSITE CONTENT
All images, photographs, graphics, data, including but not limited to moving
images, videos and other content (together “Material”) on this website are
protected by Australian and international copyright, trademark, patent and
other laws relating to intellectual property. You may not do anything which
interferes with or breaches those laws or our intellectual property rights in
the Material. Any unauthorized use of any Material may violate such laws and we
do not grant any express or implied permission to you to use any Material. You
may not copy, republish, link to, download, modify, adapt, repost, reverse
engineer, create derivative works based on or otherwise use any of the Material
on this website without a licence or an agreement from us.
You can purchase the Material featured on this website. If you decide to
purchase Material, you may not reproduce, display, transmit, distribute or
otherwise exploit the Material, or any portion thereof, in any manner,
including, without limitation, print or electronic reproduction, publication or
any display of Material except in accordance with the agreed licensing
provisions. Materials are intended for your personal use only, unless otherwise
specified in the agreed licensing provisions. You may not use or reproduce
Material in such a manner as to suggest an affiliation with or endorsement by
any product, person or entity that is not affiliated with you. For any other
use or distribution, you must have express written consent from us.
JURISDICTION
This agreement and this website are subject to the laws of VIC and Australia. If there
is a dispute between you and amarcordphotography.com.au that
results in litigation then you must submit to the jurisdiction of the courts
of VIC.
