Website Terms and Conditions

Effective Date: 16th June 2020

Welcome to www.melwattphotography.com.au

This Site is owned and operated by Mel Watt Photography ABN 15 752 523 411 trading as Mel Watt Photography (referred to in these terms as “Mel Watt Photography”, “we”, “us”, and “our”).  Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”).   These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.  If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site.  If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services  or the content.

 

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.

TO ENTER ANY COMPETITION

You must fill out the online form.  

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbances, or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control.  Any changes to the competition will be notified to entrants as soon as possible by the promoter.  

The prize is as stated and no cash or other alternatives will be offered.  The prizes are not transferable.  

The competition is only open to residents of Australia aged 18 years and over.

Only one entry per person will be accepted.  Winner will be chosen randomly. 

The winner will be notified by email about the prize.  If the winner cannot be contacted or does not claim their prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and randomly select a replacement winner.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.

The winner agrees to the use of their name in the announcement of winner on social media.  Any personal data relating to the winner and other entrants will be not be disclosed to a third party.

Entry into the competition will be deemed as acceptance of these terms and conditions. 

This promotion is in no way sponsored, endorsed or associated with Facebook or Instagram.  You are providing your information to Mel Watt Photography.  

The prize cannot be used in conjunction with any other promotional offer or prize.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties.  Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.  It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances.  The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances  use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
(a)     they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;

(b)    access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

(c)     there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and  hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms  and/or arising from a breach of these Terms  and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

ADDITIONAL TERMS

Where you have selected a custom package and/or service, we will contact you to organise a consultation and once we understand your requirements, we will issue you with a proposal together with our terms and conditions (Additional Terms).  These Additional Terms together with these Terms will form the agreement between the parties (Agreement).

PHOTOSHOOTS

Images and Files

Images and any files supplied to a client who has purchased our products and / or services are individually reviewed and checked.  Images and files are provided on digital media or shared (upon request) to a cloud based file service.  The files can be read on a windows or MAC system.  Where you require files other than JPEG, you must place a request in writing.

Copyright and usage licence for Images and Files

Copyright at all times remains with Mel Watt Photography.  Our images and files are protected by copyright and must not under any circumstances, be provided to any third party without the prior written permission of Mel Watt Photography.  Transfer of copyright or license to use outside of the terms agreed is subject to further agreement.  On payment in full, the client will have the right to use the images and files as specified in the terms and conditions entered into.

Booking Fee

A booking fee of 100% for your photography session, will secure the date, time and services of Mel Watt Photography for the photoshoot and is non-refundable and non-transferable in the event of a cancellation.

Bookings are only secured once booking fee is paid or 50% of collection is paid, under no circumstances are we responsible or liable for any internet connection issues or due to an error on your part in submitting the booking form or for any other reason outside our control which has resulted in your booking not being received.  If you have any doubts or you have not received a confirmation email from us, please email us at mel@melwattphotography.com.au to confirm your booking has been secured and that the information supplied by you is correct.

Payments

Following 50% payment for your photography collection, the balance of the collection is due at your photography session.  You may incur additional charges for late payment.

You are responsible for all payments including expenses incurred up to the time of cancellation, including any deposit paid.

Cancellations

If you have failed to turn up for your photoshoot, we are under no obligation to reschedule and your booking time and booking fee will be forfeited.  All booking times must be strictly adhered to, when we accept a booking from you, we are turning away other customers for that time slot.

If you need to post pone your photography session due to unforeseen circumstances, we appreciate 24 hours notice but understand emergencies do arise.  We allow for one postponing appointment with the booking fee.

If notice of cancellation is received, you will be charged 100% of the amount of the booking fee.  You may also be charged for any additional expenses incurred by us.  Additional cancellation terms may apply as specified in the proposal and the terms and conditions entered into.

We reserve the right in our absolute discretion, to postpone, reschedule or cancel a photoshoot.  Where we have postponed or rescheduled, we will ensure that it is at a time that suits both parties.  Where we have cancelled and not rescheduled, we will refund your booking fee.

Editing

All images will be adjusted for exposure, sharpness, brightness, contrast etc, however, creative expression and direction is at the absolute discretion of Mel Watt Photography and you will have engaged Mel Watt Photography specifically for the style Mel Watt Photography is recognised for.   Please do not engage our services if you do not like the style we are recognised for as can be seen on this Site.

Purchase of our images are final without ability for any additional editing after delivery.  However, we want you to be super stoked with your images, so if for some reason you are unhappy with the images, please feel free to contact us at mel@melwattphotography.com.au and tell us why you are unhappy and if at all possible, we will do our level best to assist you within reason.

Additional hours and expenses

Any hours worked in excess of the time set out in the collection or service you have chosen will be charged at the hourly rate specified in our proposal and as agreed in the terms and conditions you enter into with us.  Any expenses we incur will be identified in the proposal and the additional terms and conditions we submit to you.

Delivery of images

Digital files will be provided when you collect your photography order by appointment only.  Digital files will be cropped as per your order.

Refunds for Photoshoots

Refunds will not be provided for a purchase of our photography session, except in the limited circumstances where we have had to cancel a photoshoot and cannot reschedule or we have rescheduled but with a substitute photographer and you have notified us within 3 business days that you do not wish to use the services of the substitute photographer.

 

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.