I am a portraiture family photographer available throughout Sydney and the Blue Mountains.

The Legal Stuff

The Legal Stuff

Service Summary

Ts & Cs

Privacy Policy

Website Disclaimer

STANDARD TERMS AND CONDITIONS

 

The Photographer and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.

 

1. DEFINITIONS

  • Client means the Client specified in Item 1 of the Summary.
  • Expenses mean the expenses incurred by the Photographer and to be paid by the Client and set out in Item 4 of the Summary.
  • Fee means the total fee as specified in Item 3 of the Summary.
  • GST has the meaning defined in the A New Tax System (Goods and Services) Act 1999 (Cth). License means the license granted by the Photographer to the Client as specified in Item 5 of the Summary.
  • Photographs mean the finished photographs taken by the Photographer and as chosen by the Client and detailed in Item 2 of the Summary.
  • Photographer includes any employees, assistants, or any other parties engaged by the Photographer specified in Item 1 of the Summary to provide the Services.
  • Services mean the services provided by the Photographer and set out in Item 2 of the Summary.
  • Summary means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement.
  • Term means the period set out in Item 7 of the Summary. Territory means the territory set out in Item 8 of the Summary.
  • Uses means the permitted uses granted by the Photographer to the Client for use of the Photographs as set out in Item 6 of the Summary.

 

2. ENGAGEMENT AND SERVICES

2.1. The Agreement is between the Photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to hereby:

(a) provide the Services to the Client;
(b) produce the Photographs; and
(c) upon full payment of the Fee and the Expenses, the Photographer will grant the Client the License on the terms set out in this Agreement.

 

3. PAYMENT AND FEES

3.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the Photographer.

3.2. All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST Law, then GST, calculated in accordance with the GST legislation, must be paid in addition to the amount specified in this Agreement at the same time and in the same manner as the Fee and Expenses. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the Client.

 

4. RIGHTS GRANTED

4.1. In consideration of the full payment of the Fee and Expenses by the Client, the Photographer grants the Client the License to use the agreed Photographs for the Use(s) during the Term throughout the Territory. The License granted is not effective until both Parties have signed this Agreement and the Client has paid the Fees and Expenses in full.

4.2. The Photographer asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of the Photographer.

4.3. Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs during the Term for the purposes of promoting and marketing the Photographer, including but not limited to displaying the Photographs in the Photographer’s portfolio, on the Photographer’s website and in galleries or in photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not specifically granted in this Agreement.

4.4. In the event that the Client wishes to extend the Use, Territory or the Term of this Agreement, the Parties will negotiate a further use fee in good faith at the time.

 
5. INTELLECTUAL PROPERTY

5.1.The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives and prints relating to the Photographs.

5.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement, unless expressly specified in the Summary. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.

 
6. PHOTOGRAPHER’S INTERPRETATION

6.1. The Parties agree and acknowledge that the details of the Services, Photographs, and/or works the subject of this Agreement have been discussed by the Parties and are described in full in Item 2 of the Summary and/or any applicable attached brief. It is further acknowledged that in the event that the Client or the Client’s representative is not present on the Photography Date(s) at the location, then the Photographer’s interpretation of the Services shall prevail.

 
7. WARRANTY AND INDEMNITY

7.1. The Client warrants to the Photographer that:

(a) it has the capacity and authority to enter into this Agreement;
(b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and
(c) it will only use the Photographs in accordance with the License granted under this Agreement.

7.2. The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a result of a breach by the Client of the above warranties.

 
8. CANCELLATION BY CLIENT

8.1. If the Client cancels the Agreement prior to the Cancellation date as set out in Item 3 of the Summary, the Photographer reserves the right to charge the Cancellation Fee set out in Item 3 of the Summary. In the event that the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full Fee and Expenses.

 
9. TERMINATION

9.1. This Agreement may be terminated if:

(a) The Client fails to pay any part of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into liquidation; or
(c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

9.2. Immediately upon termination:

(a) All rights in the Photograph/s and/or work(s) revert to the Photographer;
(b) The Client must return all physical property (including but not limited to the Photographs and any equipment); and
(c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.

 
10. MISCELLANEOUS

10.1. This Agreement constitutes the entire understanding between the Parties, and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.

10.2. If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

10.3. Each party must do all acts and execute all documents as necessary to give effect to this Agreement.

10.4. The Client must not assign or sub-license all or any of its rights in this Agreement without the prior written consent of the Photographer.

10.5. This Agreement must be read and construed according to the laws of the state indicated in Item 10 of the Summary. The Parties submit to the jurisdiction of that state.

Privacy Policy

YOUR PRIVACY

At Debora.com.au, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. Debora.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

STORAGE AND SECURITY OF YOUR INFORMATION

We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.

We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.

Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Debora.com.au, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Debora.com.au, our customers or third parties or if required by law.

We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

SECURITY

We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.

LINKS

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at Debora@debora.com.au or on 0416 691 727 and we will respond within 48 hours.

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Debora.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Debora.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Debora.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Debora.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Debora.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Debora.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Debora.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Debora.com.au.

LINKS TO OTHER WEBSITES

Debora.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Debora.com.au and the owners of those websites. Debora.com.au takes no responsibility for any of the content found on the linked websites.

Debora.com.au’s website may contain information or advertisements provided by third parties for which Debora.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Debora.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Debora.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Debora.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Debora.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Debora.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Debora.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Debora.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Debora.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Debora.com.au may be required, in certain circumstances, to disclose information in good faith and where Debora.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Debora.com.au. Debora.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Debora.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Debora.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Debora.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Debora.com.au concerning your use and access to Debora.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

USE OF WEBSITE CONTENT

All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.

You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.

JURISDICTION

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Debora.com.au that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.

Website Disclaimer

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by Debora.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Debora.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Debora.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Photography by Debora – © 2020. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.