Terms and Conditions

Website terms and conditions of www.newbornphotography.com.au

Third party sites

This website contains links to third party sites. We are not responsible for the condition or the content of those sites as they are not under our control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk.

Disclaimer

In compiling the information contained on, and accessed through, this website (Information) the department has used its best endeavours to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.

To the extent permitted by law, PhotobyJade and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, PhotobyJade limits its liability to the extent permitted by law, to the re-supply of the Information.

Use of information

Any information, ideas, concepts, know-how or techniques provided by, or obtained from, you or your use of the this website shall be deemed to be non-confidential and PhotobyJade shall be free to reproduce, use, disclose and distribute the information to others without limitation.

A valid email address is required to process feedback or other electronic communication from you to our site. Email addresses supplied by users may be retained and used only for the purpose for which they were provided.

Your IP address and other information about your session such as browser version, operating system version may be recorded during your session. PhotobyJade may use this information to help improve user experience and other aspects of our website.

Applicable law

This website (excluding any linked third party sites) is controlled by PhotobyJade from Pyrmont, NSW, 2009. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in NSW in accordance with the laws in force in NSW (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. PhotobyJade makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

Entity

Newborn Photograpy by Jade is a wholy owned business of PhotobyJade ABN 98 043 545 799.

Image Galleries

Where PhotobyJade provides you with an online image gallery of proofs the gallery will only be available for a limited time as specified by email.

Images

The client agrees the Photographer owns the copyright in these photographs including but not limited to all rights in preliminary materials and all electronic rights and hereby waives any claims the client may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, hard disks, flash media, removable storage media, computer databases, and network servers.

Due to the nature of digital images all orders of digital images are final and non-refundable. The photographer warrants that digital images will be supplied to the client uncorrupted and if advised by the client within 14 days of purchase of a damaged or corrupted image(s) will replace the image(s) free of charge.

Ordering and Payments

By booking a session the Client agrees to pay a session fee of $150 within 7 days of booking their session. If the session fee is not paid we cannot guarantee your booking. Client also agrees to place a minimum order of $400 when purchasing product.

After your session photos will normally be ready for either in person viewing or online gallery viewing withing 2-3 weeks after the photo session. If you attend an in person ordering session after your photoshoot then your order must be placed during the ordering session. If your photos are made available to you in an online gallery then you need to select and order your images withing 3 days of the online gallery being made available to you. Photos are only guaranteed to be available to be ordered for 30 days from your photo session date. After this period photos may be deleted.

In the event that an image that a customer has not yet purchased becomes an award winning image (wins an award through a recognised body) than that image will only be available for purchase under the following conditions:

  • Digital versions of the image are not available (image will only be sold in print form).
  • Prints only available in 8x10" or greater sizes.
  • Prints to be printed only on art paper or canvases.
  • Pricing starts at $200 per image.

For purchases paid by credit card a credit card processing fee may be applicable.

Cancellations

Either the Client or the Photographer may cancel the photoshoot without cost or penalty proveded that 1 weeks notice is given to the other party. If the photographer needs to cancel the photoshoot then the photographer will assist if possible in helping the client find an alternative photographer.

In the event that the Client cancells a photoshoot giving less than 7 days notice then the photographer will evaluate on a case by case basis as to whether a refund of the session fee will be given depending on the circumstances of the cancellation. Whether or not a session fee refund is given is at the sole discretion of the Photographer.