Terms of Service
Our Terms of Service has been last updated on 12 April 2018. These Terms of Service ("Terms") cover your use of and access to the site, blogposts, booking process, viewing of portfolio material, all photography sessions, and support services (collectively, the "Services") provided by Locksmith Photography.
The terms “we,” “us,” and “our” refer to Locksmith Photography. The term the “Site” refers to www.locksmithphotography.co. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Users can hire Locksmith Photography services to photograph the following but not limited to; events, portrait session, weddings and commercial work. On the Site Locksmith Photography also provides a blog which covers an inside look into photography in Australia, information related to weddings & commerical projects undertaken, as well as featuring Locksmith Photography clients via individual interviews, site features.
Use of www.locksmithphotography.co, including all materials presented herein and all online services provided by Locksmith Photography, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Service
The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you’re at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).
Information provided on the Site and in the Service related to design, site implementation, online businesses and other information are subject to change. Locksmith Photography makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Locksmith Photography disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Using Locksmith Photography may include downloading digital files to your computer, phone, tablet, or other device. You agree that we may update these files, and these Terms will apply to any updates.
Our Intellectual Property
1. Locksmith Photography - a company organised and existing under the laws of Perth, Western Australia, Australia. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
3. Our Password protected Content Is For Private Use Only, including without limitation text, photos, images, graphics, audio, video and other materials seen on these pages. However, this content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any of the previously mentioned content (or any portion thereof).
4. All images & words contained within the site or taken in mentioned sessions are held in Locksmith Photography's copyright & intellectual property unless otherwise stated.
Paid Services And Fees
1. Fees. Certain portions of the Services are available by submitting a fee payment (such as additional services, “Paid Services”). All Service are a one time payment. We’ll tell you about fees for Paid Services before charging you. If you don't pay for Paid Services in specified times, we reserve the right to refuse providing you the Service. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes.
3. Order Confirmations. We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
4. Refunds. Locksmith Photography delivers non-tangible digital goods. All sales of digital products downloadable upon confirmation of purchase are final, unless a specific agreement was made prior to purchase, if you are absolutely unable to use the digital photos you have purchased for a specific and valid reason (e.g. some sort of incompatibility), or if legally required (such as for qualifying users in the EU). Once payment is provided for a Paid Service the fee is non-refundable, unless a specific agreement was made prior to purchase or if legally required (such as for qualifying users in the EU). For Physical prints please refer to our online store refund policy for more information.
5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively.
6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may terminate provided Paid Service and refuse to support questions related to our digital products. If you have questions about a payment made to us, we encourage you to contact us via email before filing a Chargeback. We reserve our right to dispute any Chargeback.
8. Refusal of Service. The Services are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCKSMITH PHOTOGRAPHY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL LOCKSMITH PHOTOGRAPHY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED AU DOLLARS (AU $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Locksmith Photography’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Locksmith Photography isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Locksmith Photography after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Locksmith Photography.