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Terms & Conditions Terms & Conditions
Please read these Terms and Conditions carefully. It is an important document.
By accessing the Site and/or using services of HeavenlyImage Photography (the "Services"), you accept these Terms and Conditions and agree to be bound by them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and us. If you do not agree with these Terms and Conditions, do not use any of the Services. 1. Definitions In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:- "we" or "us" means HeavenlyImage Photography including, its employees, agents or sub-contractors; "Site" means the web site which is operated under the domain name: www.heavenlyimage-photography.com.au
2. Copyright (a) Copyright in the Site: Unless specifically stated otherwise, all components of the Site, including text, graphics, photos and images (the "Content") are protected by copyright and are owned by us. You must not modify, copy, reproduce (in any form), transmit or distribute the Content. (b) Copyright in photographs (generally): All photos taken by us are protected by copyright; unless otherwise specified. As a purchaser of our photos you are required to adhere to our copyright rules that photos are purchased for private use only. They cannot be sold, copied or displayed in a public place (including in public areas in a place of business) or published in any way without our prior written permission. We reserve our right to use any and all our photographs for the purposes of promoting HeavenlyImage Photography and/or our Services and products unless otherwise specified. 3. Printed Photos You acknowledge that colour and/or contrast and/or density of photographic images, which you may view on this Site, may vary in printing and may appear different in your prints ordered. You acknowledge that images may appear differently depending on which computer monitor the Site is viewed on. 4. Prices and Methods of Payment All prices stated on the site are in Australian dollars. All prices stated on the site are inclusive of GST (Australian Goods and Services Tax). We accept payments by Cash, Cheque and Direct Deposit. 5. Delivery Estimated delivery time is: · for deliveries within Australia - 8 weeks after receipt of order6. Refunds and Deliveries of Wrong Photos We do not make any refunds on incorrectly ordered photos. In the event that a wrong photo(s) was delivered to you or one or several photos ordered by you are missing from the package delivered to you, we will promptly rectify (free of charge) the order for you. 7. Altering Terms and ConditionsWe reserve the right to alter these Terms and Conditions at any time without notice to you. We will not be held responsible for any costs incurred by you as a consequence of these Terms and Conditions changing. 8. Exclusion of Warranties and Limitation of Liability To the fullest extent permitted by law, all goods and Services provided by us are provided "as is" with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly excluded. You agree and acknowledge that in no event shall we be liable, whether in contract or tort for any damages to you in respect of economic loss, any loss or damage to property or death or injury to any person of whatever nature and however or wherever sustained that arises out of or is in any way connected with the Services or our product. You agree and acknowledge that you use the Services at your sole risk. Where any condition or warranty cannot be excluded under applicable legislation our liability for breach of condition or warranty shall be limited to either: * replacing the product or the Services supplied by us; or * refund of any monies paid by you to us. In no event will we be liable for any exemplary, special, indirect or consequential damages or losses or loss of profits. 9. Disclaimer All information and materials in the Site are provided "as is" and without warranties of any kind either expressed or implied. We cannot warrant that the Site or the server that makes it available are free of viruses or other harmful components. We also assume no responsibility for, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the site. 10. Customer Information If you purchase goods and service from us, we require you to provide your name, address and contact details ("Customer Information"). Customer Information is necessary to provide you with the Services you requested and are of a personally identifiable nature. We may require further details to enable the processing and delivery of any orders that you make. You agree to provide us with current, complete and accurate Customer Information when asked to o so by us. When you provide Customer Information to us by placing an order or otherwise, you are warranting that the Customer Information is true and correct, and indemnify us against any losses or expenses if any of this information is incomplete or incorrect. This includes your statement referring to your status as an Australian resident. We are not responsible for you falsely stating your place of residence. The privacy of your personal information is important to us.
11. Governing Law This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of New South Wales, Australia .12. Severability If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us. 13. Entire Agreement These Terms and Conditions constitute the entire agreement between us with respect to the use of the Service and/or accessing the Site. 14. Waiver The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
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