Capturing Memories For Forever

Terms and Conditions

About the Website

Welcome to www.generationalphotography.com.au (Website). The Website provides you with an opportunity to browse the services of Generational Photography (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
The Website is operated by Alicia Whitford t/a Generational Photography (abn: 99 572 278159) (Generational Photography).
Access to and use of the Website and the Purchase Services is provided by Generational Photography. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Generational Photography reserves the right to review and change any of the Terms by updating this page at their sole discretion. When Generational Photography updates the Terms, they will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms

You accept the Terms by remaining on the Website.

Personal Information

When making an enquiry or subscribing to our email list, you will be required to provide personal information such as your name, address and e-mail address. You agree that all details that you provide are true and correct.
Your personal information is kept in accordance with the Generational Photography Privacy Policy (Privacy Policy) which can be accessed via the Website.

Warranty

Generational Photography will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Generational Photography makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel Your contract with Generational Photography, and are entitled to a refund for the unused portion.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the Services of Generational Photography are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Generational Photography or its contributors.
Generational Photography retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Generational Photography; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Generational Photography and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Generational Photography takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Generational Photography’s Privacy Policy.

General Disclaimer

You acknowledge that Generational Photography does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Purchase Services other than provided for pursuant to these Terms.
The Purchase Services descriptions posted on Generational Photography’s Website are used as an indication only. Generational Photography accepts no responsibility for inaccurate information supplied to you.

(a) The website may contain technical inaccuracies or typographical errors or omissions. Generational Photography is not responsible for typographical, pricing, Service information or advertising.

(b) Advertised prices and availability are subject to change without notice. Generational Photography reserves the right to make changes, corrections and/or improvements to the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Generational Photography will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Purchase Services is at your own risk. Everything on the Website and the Purchase Services of Generational Photography, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Generational Photography make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Generational Photography) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services or the Purchase Services (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links that are provided for the User's convenience;

(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Information Disclaimer

Generational Photography does not guarantee specific results or experiences through the use of the Purchase Services. Any information, advice, content or documentation provided through the Purchase Services do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
All care is taken in the preparation of the information and published materials on the Website or on any other related platform. Generational Photography does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
To the extent permissible by law, Generational Photography will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Services, associated blog, on the Website or on any other related platform.

Limitation Of Liability

Generational Photography's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Generational Photography is the resupply of information or Purchase Services to you.
You expressly understand and agree that Generational Photography, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Generational Photography is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Generational Photography, by third parties or by any of the Purchase Services offered by Generational Photography.

Indemnity

You agree to indemnify Generational Photography, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

Venue and Jurisdiction

The Purchase Services offered by Generational Photography is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute that arises out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales, Australia.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms shall remain in force.

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