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WEBSITE TERMS OF USE

Last Updated: 27 July 2021

 

Pam Hart Photography (ABN 67 893 876 906) (“we”, “us” or “our”) owns and operates this website.

Access to and use of this website and the products and services available through this website (collectively, “Services”) are subject to the following terms, conditions and notices (“Terms of Use”).

By using the Services you are agreeing to the Terms of Use as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to the Terms of Use

We may amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

Access to this website

Access to this website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. We may restrict access to some parts or all of this website from time to time.

Linked Sites

This website may contain links to other websites (“Linked Sites”) which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms, conditions and notices contained within each such site.

Privacy Policy

Our Privacy Policy, which sets out how we will manage your personal information, can be found at Privacy Policy. By using this website you consent to the Privacy Policy and warrant that all data provided by you is accurate.

Prohibitions

You must not:

  1. misuse this website;

  2. commit or encourage a criminal offence;

  3. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

  4. hack into any aspect of the Service;

  5. corrupt data;

  6. cause annoyance to other users;

  7. infringe upon any other person’s proprietary rights;

  8. send any unsolicited advertising or promotional material (commonly referred to as “spam”); or

  9. attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

 

Besides being a breach of these Terms of Use, any such behaviour may constitute a criminal offence. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Intellectual property, software and content

The intellectual property rights in all software and content (including without limitation text, images, audio material, video material and audio-visual material) made available to you on or through this website remain our property or the property of our licensors. Subject to any other agreement you may have with us, you may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content supplied nor may you use any such content in connection with any business or commercial enterprise.

Linking to this website

You may link to this website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Third party trademarks, brand names and content

Except where expressly stated otherwise, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark/name owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Disclaimer and exclusion of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.

To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We will not be liable for any loss or damage whatsoever, including without limitation:

  1. any direct, indirect, special, consequential, punitive or incidental damages;

  2. any damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation;

  3. the costs of procurement of substitute goods and services,

 

arising out of or related to:

  1. the use, inability to use, performance or failures of this website or any Linked Site; or

  2. any materials or content posted on this website or any Linked Site, irrespective of whether such loss or damage was foreseeable or arises in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

Without limiting the generality of the above, we will also not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it or on any Linked Sites.

This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents and affiliates, from all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Use.

Variation to Services or Website

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any part or all of this website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or any part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise.

Please let us know if you have any complaints or comments by contacting us at pamhartphotography@gmail.com