Terms and Conditions and Warranty Policy

Terms and Conditions / Warranties

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Hesti Photography’s use of cookies in accordance with the terms of Hesti Photography’s privacy policy.

License to use website

Unless otherwise stated, Hesti Photography and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this website (including republication on another website);
  • print pages or other content without Hesti Photography’s express written consent
  • sell, rent or sub-license material from the website.
  • show any material from the website in public.
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Hesti Photography’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Hesti Photography’s express written consent.

Restricted access

If Hesti Photography provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Hesti Photography a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Hesti Photography the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Hesti Photography or a third party (in each case under any applicable law).You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Hesti Photography reserves the right to edit or remove any material submitted to this website, or stored on Hesti Photography’s servers, or hosted or published upon this website. Notwithstanding Hesti Photography’s rights under these terms and conditions in relation to user content, Hesti Photography does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Warranty – Australian Consumer Guarantees

Under Australian Consumer Law (ACL) when you buy products and services, they come with automatic guarantees that they will work and do what you asked for. If you buy something that isn’t right, you have consumer rights.

We follow the guidelines under ACL and that is:

Products must be of acceptable quality – that is

  • Safe, lasting, with no faults
  • Look acceptable
  • Do all the things someone would normally expect them to do

Acceptable quality takes into account what would normally be expected for the type of product and cost.

Services must:

  • Be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
  • Be fit for the purpose or give the results that you and the business (us) had agreed to
  • Be delivered within a reasonable time when there is no agreed end date

Consumer guarantees do not apply if you:

  • Got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
  • Misused a product in any way that caused the problem
  • Knew of or made aware of the faults before you bought the product
  • Asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted

This website is provided “as is” without any representations or warranties, express or implied. Hesti Photography makes no representations or warranties in relation to this website, or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Hesti Photography does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website will be constantly available, or available at all.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Hesti Photography will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss.
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Hesti Photography has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Hesti Photography’s liability in respect of any:

  • death or personal injury caused by Hesti Photography’s negligence.
  • fraud or fraudulent misrepresentation on the part of Hesti Photography; or
  • matter which it would be illegal or unlawful for Hesti Photography to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Cancellation of session

If the Client cancels their session, the Booking Fee is refundable if advised in writing to Hesti Photography of the cancellation 48 hours prior to the session. If cancellation is not given within the 48 hours, the Booking Fee is non-refundable.

Should the Photographer not be available for any reason, the Photographer will notify the Client of the change as soon as it is known and will make every effort to reschedule to the earliest possible date.

Other parties

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hesti Photography’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hesti Photography.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Hesti Photography and undertake to keep Hesti Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hesti Photography to a third party in settlement of a claim or dispute on the advice of Hesti Photography’s legal advisers) incurred or suffered by Hesti Photography arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Hesti Photography’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Hesti Photography may take such action as Hesti Photography deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Hesti Photography may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Hesti Photography may transfer, sub-contract or otherwise deal with Hesti Photography’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Hesti Photography in relation to your use of this website and supersede all previous agreements in respect of your use of this website and our services.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Australia.

Complaints

We take customer satisfaction very seriously. If You have a complaint in relation to our handling of your personal information, we will endeavour to handle it promptly and fairly. For your information, an overview of our complaints handling procedure is as follows:

  1. Complaints are reviewed within 7 days. After that period, we may contact you to process further information. If we accept fault, then we will propose a resolution. We aim to provide a response within 21 days.
  2. All complaints should be provided in writing either by email or regular mail, using the contact details at the end of this document. Describe the nature of your complaint including any relevant dates, people involved, any consequences that have occurred, and what you believe should be done to rectify the issue. We will endeavour to respond within 21 days, although we cannot guarantee this.

III. If you are not satisfied with our response to your complaint, you may refer your complaint to the relevant external dispute resolution organisation in your area

Registrations and authorisations

Hesti Photography is registered with Australian Business Register. Hesti Photography’s ABN registration number is 21602290642.

Hesti Photography’s details

The full name of Hesti Photography is Hesti Photography. Hesti Photography’s address is 16A Nungeroo Avenue, Jamisontown NSW 2750.

You can contact Hesti Photography by email at info[at]Hestiphotography[dot]com.