Please read this agreement carefully as it governs your use of Eetane Yong Photography (on this website). By accessing the site and using its service you agree to the Terms and Conditions as stated below.
1. Provision of the Services
How to Contact us: Eetane Yong Photography (the “Business”) in association with Pixieset who provides an online means of managing and selling photographs of childcare and kindergartens in the provision of group shots, individual shots, (“Services”). Once taken photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Service.
The contact details for the Business are as follows:
Photographer - Eetane Yong
Email - email@example.com
You acknowledge that you have provided Eetane Yong Photography with accurate and complete registration information on your account sign-up form or enquiry form and that it is your responsibility to update Eetane Yong Photography with any changes to that information by e-mailing or telephoning Eetane Yong Photography at the email address or mobile number provided above.
You must be at least 18 years of age to use the Services - please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time. You must keep your account details secure at all times and if you believe that there has been a breach of security then you must notify Eetane Yong Photography immediately. If Eetane Yong Photography reasonably believes that your details are being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same) then Eetane Yong Photography hereby reserves the right to immediately suspend your access rights on giving notice to you and to block access to the Site until the issue has been resolved to the satisfaction of Eetane Yong Photography.
Eetane Yong Photography is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, Eetane Yong Photography reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. License and limited rights to use Content
Eetane Yong Photography grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property'') in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of Eetane Yong Photography. Purchased photos by you are for Personal usage only and are not for use for any commercial purposes.
Eetane Yong Photography may also use this data to send you information about products and/or services. If at any time you do not wish to receive such information please contact Eetane Yong Photography at the email address provided under clause 1 above or alternative opt out/unsubscribe from emails.
Eetane Yong Photography will ask during the photo registration period if you allow photos from your child/children's photo session to be shown on social media, website and promotional material. You can select Yes or No. No names or locations are used in conjunction with sharing of images taken.
4. Warranties and Indemnity
Eetane Yong Photography warrants that it will use all reasonable care in the provision of the Service. Eetane Yong Photography makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes.
You agree to fully indemnify Eetane Yong Photography against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.
5. Limitation of Liability
Eetane Yong Photography's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Eetane Yong Photography, its affiliates, employees, agents, contributors 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.
Notwithstanding the provisions of this clause Eetane Yong Photography liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
Please note that all photographs provided by Eetane Yong Photography are produced to the highest standards. However, over time, all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. Eetane Yong Photography cannot therefore accept any responsibility for gradual image deterioration. Eetane Yong Photography recommends that digital files are printed with a professional print lab only to produce quality results.
You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for facilitating the consent distribution form of the Subject and/or consent from the Subject’s parents/guardians. It is not our responsibility to ensure that each Subject has the required consent in order for their photograph or image to be used on the Site. You acknowledge and agree that it is parents/guardians responsibility to register the Subject to be photographed, or express any objections if you do not wish the Subject to be photographed.
Generally, and as a user of the Site, You hereby confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift – we may, in our sole discretion ask You questions to determine Your connection to the Subject and if we are not satisfied with Your answers we can refuse to allow You to use the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we may hold on You;
b) You agree that we are under no obligation to store photographs of a Subject for any predetermined length of time and that we can archive them or destroy them whenever we consider it appropriate; Eetane Yong Photography currently archives purchased and unpurchased photos and / or digitals for a period of 6 months only. Photographs taken and not included in photo galleries are deleted immediately as considered not of standard to quality that Eetane Yong Photography upholds.
c) You agree that You have no proprietary interest in any photographs and/or images generated by the Business and all intellectual property rights in the same are wholly owned by the Business and You disclaim all rights you may have in the same both for yourself and on behalf of the Subject.
d) You agree and acknowledge that Eetane Yong Photography may use testimonials left by You in all platforms for all publishing purposes including but not limited to a website, marketing and promotional materials.
7. Payment and Refund Policy
The prices for the Services will be as stated on the site when you register for photos to be taken and shown in the cart. This excludes delivery which will be added to the total amount charged to You. Complimentary delivery to the childcare center or kindergarten is offered if orders are placed within the stated closing date (as shown on photo flyers and in communication email messages. Please note that the final figure shown when you shop and pay using our secure online facility will include all taxes and if any applicable postage fees. Prices are liable to change at any time, but you will not be affected if your order has already been placed and you have received such confirmation.
All orders placed during the print ordering period and prior to the closing date will be delivered to your childcare/kindergarten for You to collect. Delivery to your home address requires payment of a postage fee. Eetane Yong Photography will impose a charge of $9.95 per order to cover the cost of postage and handling should You choose to have the prints delivered to your home. Prints are only available during the ordering window specified by Eetane Yong Photography, only digital products are available outside of the ordering period.
As the goods provided are personal to you and have no resale value we regret that we cannot cancel or provide refunds once your order has been placed in production. However, we do understand that mistakes do happen and if you consider that your order is not correct then please Eetane Yong Photography and we will try and assist you. Digital files are not refundable due to the instant downloadable nature. Please double check your order before commencing the checkout process and before the completion of purchase.
All notices shall be given to Eetane Yong Photography via email as set out under clause 1 of this Agreement, or to you at the e-mail address or other means of contact you provide in your registration form.
9. Third Party Links
The Site may contain links to other websites and resources however Eetane Yong Photography is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.
10. Termination and Renewals
Eetane Yong Photography operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of Eetane Yong Photography) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of Eetane Yong Photography) to harm the reputation of Eetane Yong Photography.
11. Dispute Resolution
Should there be a dispute between you and Eetane Yong Photography that cannot be resolved directly within a reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be in Melbourne, Victoria. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
No failure or delay on the part of Eetane Yong Photography relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Please note that Eetane Yong Photography does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.
Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and you are advised that neither Eetane Yong Photography nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.
Eetane Yong Photography shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Australia and be subject to the exclusive jurisdiction of the Australian courts.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
All terms of sale listed here are applicable to the purchasing of any images, prints, canvases, imaging services, media and/or other product(s) available through Eetane Yong Photography’s online store. The terms of sale may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Eetane Yong Photography must be validated and signed if any alterations or amendments to the terms of sale are instituted. In the event of conflict between terms of sale and provisions stated in the terms of sale, the document terms of sale will govern control conditions of all Products.
Eetane Yong Photography facilitates purchasing of products manufactured through its relationship with its party vendors. Purchasing of these products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available media and/or physical medium products is performed by said vendors, and that Eetane Yong Photography’s role is solely to facilitate and support these vendors for each order pursuant to these terms of sale.
Pricing & Payment Terms
Purchasing of media, products, and/or services through Eetane Yong Photography online store requires that the customer provide valid payment information as required by the online store. Eetane Yong Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided payment information and you do not provide an alternative payment form upon Eetane Yong Photography’s written request.
The terms of sale requires the customer agrees to financially reimburse Eetane Yong Photography for all costs incurred during the collecting of amounts owed by the customer to either Eetane Yong Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that Eetane Yong Photography is required to collect related to any purchase of media and/or product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of media and/or product(s). Eetane Yong Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process.
Photo Downloads: Shipping Terms & Policies
If any digital download of media and/or product(s) is included under purchase agreement, or contract, the download will be made available through Eetane Yong Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.
If any physical media and/or product(s) are purchased, Eetane Yong Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Eetane Yong Photography reliable for any delays in shipping.
Eetane Yong Photography and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Eetane Yong Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
Eetane Yong Photography guarantees the customer 100% satisfaction with any physical media and/or product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical media and/or product(s) purchased through Eetane Yong Photography’s online store, Eetane Yong Photography will accept the return within thirty (30) days of your receipt of the media and/or product(s). This policy does not apply to change of mind as the reason for exchange or return.
Digital media and/or product(s) (i.e., photo download, software preset, etc.) can not be returned or exchanged due to its instant download nature, please select the digital products carefully.
Product Availability & Pricing
Eetane Yong Photography and its vendors may revise or discontinue available media and/or product(s) at any time without prior notice. It is possible that these media and/or product(s) may become unavailable even after an order is place, in which case Eetane Yong Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
Product Descriptions, Pricing & Errors
Eetane Yong Photography endeavours to maintain up-to-date and accurate information for all media and/or product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Eetane Yong Photography encourages the customer to report such issues.
Eetane Yong Photography does not guarantee that all media and/or product descriptions, photos, prints, pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable colour and/or brightness can vary depending on type of device used to view the online store, and Eetane Yong Photography cannot guarantee that your computer will accurately display all media and/or product colours and brightness.
Eetane Yong Photography and its vendors reserve the right to format, manipulate, or modify any media and/or product(s) as required to satisfy each respective order. If any media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.
In the event of any error, Eetane Yong Photography reserves the right to remedy and correct such error and charge the correct price for the customer purchased media and/or product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
Digital media and/or product(s) may be available for purchase through the online store or through contract with Eetane Yong Photography. Eetane Yong Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon media and/or product(s), of which are subject to the below restrictions listed below:
Customer Allowable Actions
Customer Allowable Actions include all personal and non-commercial use of the media and/or product(s), which permits the customer to perform the following actions:
Customer Barred Actions:
Customer Barred Actions include all non-personal and commercial use of the media and product(s), which prohibits the customer to perform the following actions:
Eetane Yong Photography retains all rights, licence, copyright, title, descriptions, and ownership of the media contained within these product(s).
Eetane Yong Photography acknowledges the Boonwurrung/Bunurong and Wurrundjeri Woi Wurrung peoples of the Eastern Kulin Nation as Traditional Owners and Custodians. We pay respect to their Elders past, present and emerging. We acknowledge and uphold Traditional Owner’s continuing relationship to the land on which we live and work.