These terms and conditions (“User Agreement”) are a legal agreement between you and Publishing Australia Pty. Ltd. ABN 42 120 531 982 ("Photographers", “Photographers.com.au”, “Publishing Australia”, "we" or "us") which makes available on the Photographers.com.au web site (“Site”) information provided by third parties (including advertisements to sell cameras or other products or services, links to third party web sites, etc.). This User Agreement sets out your and our rights and obligations relating to this site and the services we offer through it (together "Photographers.com.au Service"). The Photographers.com.au Service is only an on line advertising and publishing venue enabling buyers and sellers to communicate with one another.
You should read this User Agreement carefully and in full before registering for the Photographers.com.au Service. By registering for the Photographers.com.au Service or viewing this site, you agree to be bound by this User Agreement and each time you use the Photographers.com.au Service you confirm your agreement to the then current Photographers.com.au terms and conditions. Please print a copy of this User Agreement and keep it safe for future reference.
- INFORMATION ABOUT US The Photographers.com.au Service is operated by Publishing Australia Pty. Ltd. Please note the following information about us: We are a limited company registered in Australia under company number 42120531982 and have our registered office in Chatswood
- SERVICE AVAILABILITY Our site is only intended for use by users resident in Australia (“Serviced Territory”). However we do accept registrations from users outside the Serviced Territory.
- PERSONAL DATA
- You agree not to use information about other Photographers.com.au Service users that you obtain from using the Photographers.com.au Service, from us or from another Photographers.com.au Service user except to participate in Transactions through the Photographers.com.au Service. You agree (without limitation) to use information concerning other Photographers.com.au Service users only for the purposes of participating in a Transaction with those users and not to send them unsolicited messages or to harass them.
- INTELLECTUAL PROPERTY
- In this section, the following words have the meaning given to them:
- “Content”: all artwork, text, information, data, software, executable code, images, audio or video material in whatever medium or form provided to us by you for incorporation in our Site, whether as an Item listing, User Feedback or otherwise.
- “Intellectual Property Rights”: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
- “Marks”: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
- “Visitor”: a visitor to our site.
- “Derivative Works”: original content created by Photographers.com.au which is contained on our Site that is based on the Content
- You warrant to us that the Content complies with the requirement of Australian Law and:
- does not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
- is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- does not violate any laws regarding unfair competition, anti-discrimination or false and misleading advertising; and
- does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party or any breach of any law.
- Notwithstanding anything to the contrary contained in this User Agreement, if we reasonably believe that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
- We retain all Intellectual Property Rights in our site, the Derivative Works and our Marks, and nothing in this contract shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
- Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this licence, nothing shall be construed to grant to us any right, title or interest in or to the Content.
- Any and all Visitor data (such as name, address and e-mail address) collected through any user registration process or otherwise shall be owned by us.
- You shall indemnify and keep us indemnified against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:
- promptly notify you in writing of any such claim or action;
- make no admissions or settlements without your prior written consent; and
- give you all the information and assistance that you may reasonably require to defend against any such claim or action (provided you reimburse our costs of doing so).
- UNAVAILABILITY OF THE PHOTOGRAPHERS.COM.AU SERVICE
- We reserve the right to withdraw or amend the Photographers.com.au Service we provide without notice.
- We do not guarantee uninterrupted, continuous or secure access to the Photographers.com.au Service.
- You acknowledge that there may be times when the Photographers.com.au Service becomes unavailable, whether on a scheduled or unscheduled basis.
- We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.
- You understand and agree that we may in our sole discretion suspend or terminate any your account if you are, or appear to us to be, in breach of this User Agreement (including, without limitation, through the provision of false registration details or other misuse of Photographers.com.au Service), and to suspend or withdraw all of your listings.
- If your account is suspended or terminated you must not re-register for the Photographers.com.au Service without our prior consent.
- FRAUD AND CONCERNS ABOUT ITEMS LISTINGS
- We may from time to time in our sole discretion (but without any obligation to do so) check whether Items in any listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by us or third parties, law enforcement authorities, or historical data available to Photographers.com.au.
- If you have any concern about an Item listing (Photograph) posted by another Photographers.com.au Service user, please let us know by sending us an email to [email protected]
- OUR LIABILITY
- We will use reasonable skill and care in making the Photographers.com.au Service available to you. Otherwise, to the maximum extent permitted by law, the Photographers.com.au Service is provided without any warranties or guarantees. In particular, we do not warrant that the Photographers.com.au Service, our site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to the Photographers.com.au Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
- Our liability in connection with the Photographers.com.au Service and to you under this User Agreement is strictly limited to the greater of the amount of fees you pay to us for the Transaction giving rise to the liability or $500.00.
- We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising out of or in connection with this User Agreement. and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not include or limit in any way our liability for any breach of this User Agreement by Photographers.com.au (unless that breach was caused by you) or for any negligence by Photographers.com.au or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability (including under the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation).
You agree to indemnify Photographers.com.au against all claims, demands, damages, costs, penalties, expenses (including reasonable legal expenses) and liabilities made by any third party that may arise from:
- any breach of this User Agreement by you (including any matter relating to your Photographers.com.au account);
- any willful, unlawful or negligent act or omission by you;
- the publication of any information (including an advertisement) supplied by you;
- the sale or offering for sale of any Item; or
- your violation of the rights of any third party;
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- WRITTEN AND OTHER COMMUNICATIONS
Sometimes applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All communications between you and us must be in English.
All notices given by you to us must be given to Photographers.com.au.Com Pty. Ltd. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The User Agreement between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a User Agreement with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a User Agreement with you, or any of our rights or obligations arising under it, at any time during the term of the User Agreement.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the absolute and sole discretion to modify or amend this User Agreement and the Transaction Rules from time to time and such modifications and amendments will be binding upon you once displayed on the Site. You should regularly check the terms and conditions of the User Agreement.
- If you do not wish to be governed by an amended version of this User Agreement or the Transaction Rules you must cease to use the Photographers.com.au Service.
- ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. To the maximum extent permitted by law, all other terms whether express or implied re excluded.
- We each acknowledge that, in entering into the User Agreement, neither of us has relied on any representation, undertaking or promise given by the other and nothing may be implied from anything said or written in negotiations between us prior to the User Agreement except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- LAW AND JURISDICTION
This User Agreement will be governed and construed the laws of the State of Victoria and you irrevocably submit to the exclusive jurisdiction of the Courts of that State.
In this Agreement where the context permits a reference to “you” includes any one acting on your behalf or with your express or implied authority.
- UNLAWFUL CONTENT
I hereby agree not to upload any images, photographs and or content which may be considered unlawful. Photographers.com.au will if required provide under request any information to the Australian federal police.
- REFUND POLICY
Paying businesses agree that membership is non-refundable at the time that payment is made. If you are dissatisfied with the website you are free to discontinue using the website, and as such membership fees or other payments you have made to Photographers.com.au are not subject to refunds. In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Photographers.com.au.
Paying businesses agree that membership is on a subscription basis and businesses will be charged on the final day of their billing cycle, for the same Membership Type and Payment Type (being monthly, bi-annually, or annually) currently subscribed to. Subscribers can cancel this at any time without notice to avoid the next billing cycle charge. Guaranteed.
- DELIVERY POLICY
The service subscribed to will be provided immediately upon successful payment