Pre-School x ACP

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF Amy Carlton Photography (The Studio)

BY ACCESSING THE SITE AND USING IT’S SERVICES YOU THE CLIENT (henceforth known as “YOU”) AGREE TO THE TERMS AND CONDITIONS AS STATED BELOW.

1.    Provision of the Services and How to Contact us

Amy Carlton Photography delivers completed galleries through Pixieset Media inc. Once taken, photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Service.

The contact details for the Business are as follows:

Amy Carlton Photography
Mickleham, VIC
0430580007

amy@amycarltonphotography.com

You acknowledge that you have provided the Studio with accurate and complete registration information on your registration form form that it is your responsibility to update the Studio with any changes to that information by e-mailing or telephoning the Business at the email address or telephone number provided above.

If the Studio reasonably believes that your ID is being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same) then the Studio hereby reserves the right to immediately suspend your access to images.

2.    Licence and limited rights to use Content

The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use images to the terms and conditions of this Agreement. Images created and delivered in each case whether registered or not and belong to the Studio (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Studio.

3.    Privacy Policy and Data Protection

The Business fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2004/5

4.    Warranties and Indemnity

The Studio makes no warranty that this registration site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.

You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.

You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes.

You agree to fully indemnify the Business against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.

5.    Limitation of Liability

The Studio shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:  any direct, indirect, consequential or special loss or damage;  any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage even if foreseeable; or any other loss or damage in an amount exceeding $100.00 (one hundred dollars) in the 12 months preceding the date on which such liability arose.

Notwithstanding the provisions of this clause the Studio’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

The Studio cannot accept any responsibility for gradual image deterioration over time, due to viruses ect.

6.    Consent

You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians through the communication of this registration form. ONLY recorded and approved parents and or guardians with authorization to register will be communicated with through the School, both in email, Apps and through any paper communications. If you are not the intended party DO NOT complete registration and inform the School. It is not our responsibility to ensure that each Subject has the required consent in order for their photograph or image to be taken. The Studio will only use images obtained throughout the course of the shoot on social media, marketing and advertising (both online and in print form) and professional social media pages once consent has been granted through our registration process. Schools must send all parents/guardians a link for registration form to receive written consent or to allow them to express their objections if they do not wish the Subject to be photographed.

If You are a parent or guardian of the Subject, You agree to hereby provide your consent to and confirm that the Subject’s image may be used in the provision of the Services (which may include group shots) and which may include purchase by other users of the Site.

You agree to:

a)    You agree to only purchase photographs or images that you have a genuine reason to purchase such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift - The Studio may at any time question your intentions or identify and reserves the right to refuse sale until identification can be verified.

b)    You agree that we are under no obligation to store photographs of a Subject for any pre-determined length of time and that can archive them or destroy them whenever we consider it appropriate;

c)    You agree that You have no propriety interest in any photographs and/or images generated by the Studio and all intellectual property rights in the same are wholly owned by the Studio and You disclaim all rights you may have in the same both for yourself and on behalf of the Subject;

7.    Payment and Refund Policy

The prices for the Services will be as stated on the registration site and will include GST and exclude delivery. Please note that the final figure shown when you shop and pay using our secure online facility will include all taxes and shipping fees. Prices may change however the Studio will honour all pricing at the time of registering.

All digital orders are final, non-refundable and non-transferable once payment has been made. If you feel there has been a mistake in pricing ect please let us know.

As the prints provided are personal to you and have no re-sale value we regret that we cannot cancel or provide refunds once your order has been placed in production.

8.    Dispute Resolution

Should there be a dispute between you and the Studio that cannot be resolved directly within reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.

12.    General

Please note that the Studio does not have an obligation to monitor all activities but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.

Due to the nature of the Services it may be possible that a price may be incorrectly listed due to technological or human error and you are advised that neither the Studio nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.

The Business shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
 
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.

In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.

This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Australia and be subject to the exclusive jurisdiction of the Australian courts.