BREEZE PICS WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means photo shoots, graphic design, art commissions, business consultation, design services

the Website means the website www.breeze.pics

We / Us etc means Breeze Pics and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.  

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.  

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage 

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.  

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: 

info@breeze.pics

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.  

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Studio Terms and Conditions

The session package fee pays for the time and talent of the photographer as well as processing of images and a personal license to use the images for print and online. A deposit is required to secure your booking.  Deposits can only be refunded if the session is cancelled with 7 days notice, however with 24 hours notice it can be rescheduled in case of illness. The remainder of the session package fee is due at the release of your digital images.

If you are unwell please call to reschedule. Your portraits will be much more successful if you are feeling healthy. Please do not bring additional people to the session without discussing this prior to the day. All children under the age of 18 must be accompanied by a parent or guardian.

Personal cameras are not allowed to be used during your session. Please refrain from taking phone images or videos. We work very hard to ensure your session is captured artistically and creatively. We ask you to respect our livelihood and refrain from taking photographs of what we are creating.

You agree to hold harmless, Bernadette Meyers, her representatives and employees from any dispute in the event that you or your family become injured during your session or while on the studio premises. Bernadette Meyers and her representatives will not be held liable for any injury to you, your children or your family members, or for any damage to your property during the photo session or while on studio premises. 

While Bernadette does capture many images during your session, you will see only those images selected by her, for previewing. If you are not satisfied with your images, we offer a free re-shoot.

Due to the custom nature of the work, payment for your order must be placed in full and is subject to a 50% cancellation fee should you change your mind about an order after it is placed. Once the order is sent to the lab or digital files are submitted to the client either by USB, electronic transfer or email, the order is deemed non-refundable. Payments may be made by cash, cheque or paypal. Due to the downloadable nature of digital content, once files are removed from the studio the sale is final and non-refundable. Digital files cannot be released outside the studio until full payment is made. All ordered images are kept on file for a period of 1 year. Un-ordered images are removed from our archives after 60 days.

Design work and custom graphics will be approved for colour and layout in person on our professionally colour calibrated monitors at the ordering appointment. Only font style, spelling and wording may be approved through electronically emailed proof. Requests for reprints due to colour shift on emailed proofs will not be honoured.

The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Violations include, but are not limited to, making illegal copies, scanning, printing from home or downloading from our website. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Commonwealth Law will be subject to its civil and criminal penalties. Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales. 

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Copyright © 2012 R P Emery & Associates

www.rpemery.com.au