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Website Use – Terms and Conditions

Terms of Use

This website is owned and operated by Scott Jamieson Photography (ABN 61 639 051 824). By accessing, browsing or using this Website, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”) and acknowledge and agree that you have read and understood these Terms and Conditions.

 

Please read these Terms and Conditions prior to using this website.

 

These Terms and Conditions govern the use of this website including the purchase of any goods or services from it. Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact Scott Jamieson Photography prior to using this website.

 

Copyright

This website and all information contained on this website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without prior written consent by Scott Jamieson Photography, except that you are granted non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial perusal. This permission is conditional upon you refraining from modifying the content displayed on this site.

 

Except for the limited permission in the previous paragraph, Scott Jamieson Photography does not grant you any rights (express or implied) or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this website.

 

You may not copy any of the content from this site onto another website or in any other media.

 

By accessing or viewing any of the information on this website, purchasing an item from this website and/or by completing the registration process to become a subscriber of Scott Jamieson Photography, you expressly agree to be bound by these Terms and Conditions.

 

Amendments to terms and conditions

Scott Jamieson Photography may amend these Terms and Conditions from time to time without notice. Any amendment will be effective immediately and will be notified by notice in this website. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by the Terms and Conditions, as so amended.

 

User and other information provided by you

You agree to:

·       provide certain current, complete, and accurate information about yourself as prompted to do so by this website; and

·       maintain and update this information as required to keep it current, complete and accurate.

All information provided by you when placing an order or when you sign up to become a Subscriber is referred to in these Terms and Conditions as “User Information”.

 

You grant to Scott Jamieson Photography the right to disclose to third parties certain aspects of your User Information, provided that such disclosures do not include your name, mailing address, email address, or phone number, unless you expressly direct Scott Jamieson Photography to disclose such information. All disclosures will be in accordance with the Privacy Policy contained elsewhere on this website.

 

When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Scott Jamieson Photography for any losses, costs, expenses or damages that Scott Jamieson Photography may suffer if any of this information is not correct

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You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.

 

If any user information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or you otherwise attempt to alter any of the content of this website, or you are otherwise in breach of these terms and conditions, Scott Jamieson Photography retains the right to terminate your rights to use this website and to prosecute you to the fullest extent of the law.

 

You consent and agree to the disclosure by Scott Jamieson Photography to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Website, upon being requested to do so by that law enforcement agency

 

Certain disclaimers

Scott Jamieson Photography does not guarantee that the information on this website is correct, current, or complete, and this site may contain technical inaccuracies or typographical errors.

 

Scott Jamieson Photography assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any information contained on this website. Therefore, you should confirm the accuracy of all information contained on this site before making any decision related to any services or other matters described in this site.

 

No advice or information, whether oral or written, obtained by you from or through this website creates any warranty not expressly made in these Terms and Conditions.

 

Information on this website (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this website, it is not directed at you and cannot be relied upon by you and you are unable to order any products or services from this website. If you do, you agree to indemnify Scott Jamieson Photography for any losses, costs, expenses or damages Scott Jamieson Photography may suffer consequently.

 

Business relationships

This website may provide links or references to other websites and resources not part of Scott Jamieson Photography. Scott Jamieson Photography makes no representations or warranties about any third-party resources that may be referenced or linked to in any Scott Jamieson Photography website. A link to any external website does not mean that Scott Jamieson Photography endorses the content or use of such website or its owner. In addition, Scott Jamieson Photography is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Scott Jamieson Photography website.

 

Third Party Copyright & Trademarks

Third party names, logos and icons identifying third party products and services referenced on this website are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned on this website are copyrights and/or trademarks of their respective owners.

 

Disclaimer of Warranty

You use this website at your sole risk. Without limitation, Scott Jamieson Photography makes no warranty or guarantee that this website will be provided uninterrupted, timely, secure or error-free.

 

Any materials, information and services are provided with no warranties or guarantees. Scott Jamieson Photography expressly, and to the extent permitted by law, makes no express, implied, statutory or other warranties, guarantees, or representations in respect of this website.

 

Limitation of liability

Under no circumstances will Scott Jamieson Photography be liable to any party for any damages of any type whatsoever related to or arising from any use of this website, or of any site or reference, linked to, referenced or accessed through this website, or for the use or downloading of, or access to, any materials. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other cause of action.

 Virus Warning

Scott Jamieson Photography does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

 

Scott Jamieson Photography will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any use of this website, files downloaded from or information obtained from this website.

 

To the extent that any applicable law that cannot be excluded imposes any liability on Scott Jamieson Photography, that liability shall be limited to the cost of re-supplying that information.

 

Release and Indemnity

You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against Scott Jamieson Photography and its employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.

 

You hereby agree to indemnify, defend and hold Scott Jamieson Photography and its employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Scott Jamieson Photography and its employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

 

You further agree to indemnify and hold Scott Jamieson Photography and its employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this website using your user ID, of any intellectual property or other right of any person or entity.

 

Scott Jamieson Photography Online Store

Ordering products or services

Any order placed by you through this website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this website at the time of order.

 

Scott Jamieson Photography reserves the right to accept or reject your offer for any reason, including, but without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this website, or an error in your order.

 

There may be reasons as to why Scott Jamieson Photography cannot fulfil your order. Therefore, your contract with Scott Jamieson Photography does not come into existence until Scott Jamieson Photography advises that it has accepted your order and receipt of your payment has been confirmed.

 

Prices of products and services and delivery and other charges displayed on this Website are current at the time of issue but may change at any time and are subject to availability. The availability of products and services may change from time to time.

 

Until you have made payment in full for products you have ordered, title in such goods will not transfer to you, but all risk in the products will pass to you on dispatch from Scott Jamieson Photography or its agents’ distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

 

Delivery

Any times for delivery listed on this website are indications only. Scott Jamieson Photography will not be liable for any failure to meet these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products or services from this Website once that commitment has been made for any reason, including without limitation, due to any delay in delivery

 

Third Party Products sold on Scott Jamieson Photography store

From time to time Scott Jamieson Photography may offer products for sale from third party providers. All items purchased from these parties on the Scott Jamieson Photography online store are subject to terms and conditions as provided by those providers.

 

Returns

Returns are not available for custom orders or commissioned photos. You have 30 calendar days to return an item from the date you received it.

 

To be eligible for a return, your item must be unused and in the same condition that you received it.

 

Your item needs to have the receipt or proof of purchase.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.

Refunds

Once we receive your returned item, it will be inspected, and we will notify you that we have received the item. We will immediately notify you on the status of your refund after inspection of the item.

 

If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit as soon as possible depending on your card issuer’s policies.

 

Contact Us

If you have any questions on how to return your item to us, contact us.

 

Termination

Your ability to purchase products and services from this the Website may be terminated at any time by Scott Jamieson Photography without notice. All restrictions, licenses and the like granted to you and all disclaimers and limitations of liability by Scott Jamieson Photography will survive termination.

 

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Website.

 

Applicable Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You and Scott Jamieson Photography agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and any courts of appeal.

 

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 

Scott Jamieson Photography’s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Scott Jamieson Photography in writing.

 

General

The products and services offered for sale by Scott Jamieson Photography are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old or any other persons who are legally prohibited from entering into binding contracts.

 

Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. Scott Jamieson Photography cannot guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor can Scott Jamieson Photography guarantee that it will give advance notice or warning of any illegal or inappropriate use of this Website.

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