Terms & Conditions
Website Terms and Conditions
Effective Date: 14 December 2020
Welcome to https://www.meandmygirl.com.au (Site).
This Site is owned and operated by Lauren Jane Peters, ABN 42 943 036 563 trading as Me & My Girl Creative (referred to in these terms as “Me & My Girl Creative”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
NO MINORS
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
INTELLECTUAL PROPERTY
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
REFUNDS FOR ONLINE DIGITAL PRODUCTS
Due to the nature of digital photography and the ability you have to view the images on our Site prior to purchase, any orders received and processed by us for images available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY. If you have purchased the wrong image and you have contacted us immediately AND prior to the image being sent to you, we will send the correct image to you. No refund will be provided for not liking an image or for an incorrect image that has already been sent. Where an image is sent in error by us, we will send the correct image at no extra cost.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
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they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
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access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
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there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
ADDITIONAL TERMS
Where you have selected a custom package and/or service, we will contact you to organise a consultation and once we have an understanding of your requirements, we will issue you with a proposal together with our terms and conditions (Additional Terms). These Additional Terms together with these Terms will form the agreement between the parties (Agreement).
PHOTOSHOOTS
Images and Files
Images and any files supplied to a client who has purchased our products and / or services are individually reviewed and checked. Images and files are provided on digital medial or shared (upon request) to a cloud-based file service. The files can be read on a windows or MAC system. Where you require files other than JPEG, you must place a request in writing. Additional costs may apply for RAW files.
Copyright and usage licence for Images and Files
We supply images and files on the basis that the license is for limited commercial or personal use on the terms set out in these Terms or where you have purchased a package and/or service, on the terms and conditions we provide you for signing prior to any products or services being provided. Copyright at all times remains with Me & My Girl Creative. Our images and files are protected by copyright and must not under any circumstances, be provided to any third party without the prior written permission of Me & My Girl Creative. Transfer of copyright or license to use outside of the terms agreed is subject to further agreement. On payment in full, the client will have the right to use the images and files as specified in the terms and conditions entered into.
Booking Fee
A booking fee of 50% of the total costs will secure the date, time and services of Me & My Girl Creative for the photoshoot and is non-refundable and non-transferable in the event of a cancellation.
Bookings are only secured once a deposit is paid, under no circumstances are we responsible or liable for any internet connection issues or due to an error on your part in submitting the booking form or for any other reason outside our control which has resulted in your booking not being received. If you have any doubts or you have not received a confirmation email from us, please email us at lauren@meandmygirl.com.au to confirm your booking has been secured and that the information supplied by you is correct.
Payments
Following payment of the booking fee, the balance of the payment is due 1 business day after the shoot date. You may incur additional charges for late payment.
Where you have purchased one of our packages or services, you are responsible for all payments including expenses incurred up to the time of cancellation, including any deposit paid.
Cancellations
If you have failed to turn up or cannot make your photoshoot for some other reason, we are under no obligation to reschedule and your booking time and booking fee will be forfeited. All booking times must be strictly adhered to, when we accept a booking from you, we are turning away other customers for that time slot.
If notice of cancellation is less than 10 business days before the shoot date, you will be charged 100% of the amount of the package or service. You may also be charged for any additional expenses incurred by us. Additional cancellation terms may apply as specified in the proposal and the terms and conditions entered into.
We reserve the right in our absolute discretion, to postpone, reschedule or cancel a photoshoot. Where we have postponed or rescheduled, we will ensure that it is at a time that suits both parties. Where we have cancelled and not rescheduled, we will refund your booking fee.
Editing
All images will be adjusted for exposure, sharpness, brightness, contrast etc, however, creative expression and direction is at the absolute discretion of Me & My Girl Creative and you will have engaged Me & My Girl Creative specifically for the style Me & My Girl Creative is recognised for. Please do not engage our services if you do not like the style we are recognised for as can be seen on this Site.
Purchase of our images are final without ability for any additional editing after delivery. However, we want you to be super stoked with your images, so if for some reason you are unhappy with the images, please feel free to contact us at lauren@meandmygirl.com.au and tell us why you are unhappy and if at all possible, we will do our level best to assist you within reason.
Additional hours and expenses
Any hours worked in excess of the time set out in the package or service you have chosen will be charged at the hourly rate specified in our proposal and as agreed in the terms and conditions you enter into with us. Any expenses we incur will be identified in the proposal and the additional terms and conditions we submit to you.
Delivery of images
Timing of delivery of digital files will be as specified in the proposal, our terms and conditions and as applicable to the type of package and/or service you have selected.
Refunds for Photoshoots
Refunds will not be provided for a purchase of our custom packages or services, except in the limited circumstances where we have had to cancel a photoshoot and cannot reschedule, or we have rescheduled but with a substitute photographer and you have notified us within 3 business days that you do not wish to use the services of the substitute photographer.
Model and Property Release
You have an obligation to ensure any model and/or property releases required are completed and provided to us prior to the shoot.
Custom payment plans
We want you to have the best experience with Me & My Girl Creative and we can tailor our packages and/or services to your particular needs, and can in certain circumstances, on a case-by-case basis agree custom payment plans, please contact us at lauren@meandmygirl.com.au for any questions.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
