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SGC Photography

Terms & Conditions

PURCHASING TERMS & CONDITIONS

By placing an order for digital downloaded images you agree that SOUTHERN GOLD COAST PHOTOGRAPHY may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help SOUTHERN GOLD COAST PHOTOGRAPHY provide the digital downloaded images to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help SOUTHERN GOLD COAST PHOTOGRAPHY process/fulfil your order.

REGISTRATION: You do not need to register with the site to place an order for Digital downloaded images. Registration occurs with the party organizer and single account holder. Any account details (including password) should be kept safe and should not be share or disclose them to anyone. Please notify SOUTHERN GOLD COAST PHOTOGRAPHY immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.

DIGITAL DOWNLOADED IMAGES: We provide the digital service on this site which allows you to access, or purchase digital downloaded images (including information related to these products and associated artwork). All digital downloaded images available through this site are owned or controlled by SOUTHERN GOLD COAST PHOTOGRAPHY and are protected by intellectual property rights. Upon payment of the price of digital downloaded images SOUTHERN GOLD COAST PHOTOGRAPHY grant you a non-exclusive, non-transferable licence to use the digital downloaded images with these terms of sale.

These terms do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale or commercial exploitation of any digital downloaded image.

SOUTHERN GOLD COAST PHOTOGRAPHY will be entitled to obtain injunctive relief against you, in addition to all other remedies that SOUTHERN GOLD COAST PHOTOGRAPHY may have, to enforce these terms of sale and to prevent your unauthorised use of this site and/or digital downloaded images.

Downloads of digital images are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the digital images as set out in these terms and conditions.

Any images of persons that express a concern or request to be removed will be done so in a timely manner. SOUTHERN GOLD COAST PHOTOGRAPHY will respect the right of any individual captured digitally to have their image removed from sales. SOUTHERN GOLD COAST PHOTOGRAPHY has been granted permission to capture an individual’s images through the party coordinator / account holder’s contract for hire.

Any images that the group wishes to remain private should be communicated to SOUTHERN GOLD COAST PHOTOGRAPHY, prior to the digital upload process.

You are able to download the same digital image 500 times over a one year period. Should you exceed this limit please email SOUTHERN GOLD COAST PHOTOGRAPHY and SOUTHERN GOLD COAST PHOTOGRAPHY will be able to assist you further.

Digital downloaded images may carry a digital watermark that allows SOUTHERN GOLD COAST PHOTOGRAPHY to identify the origin of the digital image and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.

REQUIREMENTS TO ACCESS THE DIGITAL PRODUCT SERVICES: In order to access and download digital images you will need:

Internet access

Intel® Pentium® III 1GHz or faster processor, 512MB of RAM Recommended: Pentium 4 2GHZ or faster, 1GB RAM. Intel Core™ Duo 1.83GHz or faster processor; PowerPC® G4 1GHz or faster processor, Windows 8, Windows 7, Windows Vista® Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6. Mac refers to zipped files as stuffed or compressed files..

You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access functions correctly with this site.

You acknowledge that due to industry/technology developments, the nature of the digital downloaded images offered (including format of files, operating systems, downloading software etc) and the system requirements may change from time to time. We shall use reasonable endeavours to update our site with information relating to system requirements.

PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US: After placing an order for digital image via SOUTHERN GOLD COAST PHOTOGRAPHY site, you will receive an on screen message and e-mail from SOUTHERN GOLD COAST PHOTOGRAPHY setting out the details of your order and acknowledging that SOUTHERN GOLD COAST PHOTOGRAPHY have received your order.

The contract for the purchase of any digital image will be between you and SOUTHERN GOLD COAST PHOTOGRAPHY and will only be formed when SOUTHERN GOLD COAST PHOTOGRAPHY make the digital image available for download and SOUTHERN GOLD COAST PHOTOGRAPHY have received payment in full for the digital image. Until SOUTHERN GOLD COAST PHOTOGRAPHY make the digital image available for download and receive payment in full there is no contract between you and SOUTHERN GOLD COAST PHOTOGRAPHY for the digital image. We reserve the right, in our sole discretion to reject any order SOUTHERN GOLD COAST PHOTOGRAPHY receive.

AVAILABILITY AND DELIVERY: All digital downloaded images featured on our site are subject to availability. We reserve the right to change or remove digital image or other content on the site at any time without notice or liability to you. For example SOUTHERN GOLD COAST PHOTOGRAPHY may have obtained rights from third parties to make the digital image available and, in the event SOUTHERN GOLD COAST PHOTOGRAPHY lose these rights, SOUTHERN GOLD COAST PHOTOGRAPHY may need to remove the digital image from the site and make it unavailable for purchase.

PRICE AND PAYMENT FLOW: We will provide a download link to your purchased digital image within 24 hours of payment being received.

We shall determine in our discretion from time to time whether and which digital downloaded images are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to a mailing list).

The price of any Digital Product will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for digital image other than at the then current price. A digital image may be purchased individually, or bundled in a suite. We reserve the right to make certain digital image available only as part of a larger product.

We use our best efforts to ensure the prices of digital downloaded images displayed on our site are correct. However, our site contains a number of digital downloaded images and it is always possible that, despite our best efforts, some of the digital downloaded images listed on our site may be incorrectly priced. If a digital image’s correct price is higher than the price stated on our site at the time you placed your order and SOUTHERN GOLD COAST PHOTOGRAPHY have not yet taken payment and made the Digital Product available for download SOUTHERN GOLD COAST PHOTOGRAPHY will normally, at our discretion, either contact you for instructions before making the digital image available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

We are under no obligation to provide the digital image to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for digital downloaded images in the case of obvious and unmistakable pricing errors.

Prices for digital downloaded images are liable to change at any time, and changes will not affect orders in respect of which SOUTHERN GOLD COAST PHOTOGRAPHY have already taken payment and made the download available.
Note that if you are downloading the digital downloaded images to a mobile some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges. Note that overseas roaming charges may also apply.

Payment for all digital downloaded images must be by Paypal.

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the digital downloaded images and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by SOUTHERN GOLD COAST PHOTOGRAPHY and the card issuer.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment SOUTHERN GOLD COAST PHOTOGRAPHY will not accept your order and SOUTHERN GOLD COAST PHOTOGRAPHY will not be liable for any delay or non-delivery and SOUTHERN GOLD COAST PHOTOGRAPHY are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment SOUTHERN GOLD COAST PHOTOGRAPHY will contact you to discuss the next steps.

CANCELLATIONS AND RETURNS: You may not cancel an order by you for any download of a digital image once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale. We take great care in providing our digital downloaded images. In the unlikely event of faults with, or damage to, the digital downloaded images or if you have received a faulty or incomplete digital image please contact SOUTHERN GOLD COAST PHOTOGRAPHY. We will replace any such faulty or damaged digital image if possible or if there are continuing issues with the digital image SOUTHERN GOLD COAST PHOTOGRAPHY may issue a refund. You must notify SOUTHERN GOLD COAST PHOTOGRAPHY within a reasonable period of time of download of the digital image. If you fail to notify SOUTHERN GOLD COAST PHOTOGRAPHY within a reasonable time, SOUTHERN GOLD COAST PHOTOGRAPHY will have no liability to you.

TERMINATION OF YOUR ACCOUNT: If you are in breach of, or SOUTHERN GOLD COAST PHOTOGRAPHY suspect you are in breach of, these terms of sale then SOUTHERN GOLD COAST PHOTOGRAPHY may take any/all of the following actions:

• issue a warning to you;
• immediate, temporary or permanent withdrawal of your access to your account and/or the site however you will remain responsible for all outstanding amounts on your account;
• legal action against you;
• disclosure of information to law enforcement authorities as SOUTHERN GOLD COAST PHOTOGRAPHY reasonably feel is necessary.

The responses described above are not limited and SOUTHERN GOLD COAST PHOTOGRAPHY may take any action SOUTHERN GOLD COAST PHOTOGRAPHY reasonably deem appropriate.

OUR LIABILITY TO YOU: PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

You agree you will have no claim against SOUTHERN GOLD COAST PHOTOGRAPHY, in respect of any decision to remove digital images from this site or any decision to suspend or terminate your access to this site or to digital downloaded images (including by way of purchase) through the site.

SOUTHERN GOLD COAST PHOTOGRAPHY warrant to you that any digital image purchased from SOUTHERN GOLD COAST PHOTOGRAPHY through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the digital downloaded images. You agree that use of this site to access or purchase digital downloaded images is at your sole risk.

If you or SOUTHERN GOLD COAST PHOTOGRAPHY are in breach of the contract for the digital image, neither of SOUTHERN GOLD COAST PHOTOGRAPHY will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and SOUTHERN GOLD COAST PHOTOGRAPHY at the time your order is accepted by SOUTHERN GOLD COAST PHOTOGRAPHY.

Our liability for losses you suffer as a result of SOUTHERN GOLD COAST PHOTOGRAPHY breaking a contract for a digital image (s) is strictly limited to the purchase price of the relevant digital image (s) affected.

We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and SOUTHERN GOLD COAST PHOTOGRAPHY including but not limited to:
• third party loss;
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of, damage to or corruption of data;
• loss of opportunity or goodwill;
• indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.

This section does not exclude or limit in any way our liability:
• for death or personal injury caused by our negligence;
• for fraud or fraudulent misrepresentation;
• for any deliberate breaches of these terms by SOUTHERN GOLD COAST PHOTOGRAPHY that would entitle you to terminate the contract between SOUTHERN GOLD COAST PHOTOGRAPHY relating to the Digital downloaded images; or
• for any matter for which SOUTHERN GOLD COAST PHOTOGRAPHY cannot exclude, or limit our liability under applicable law.

WRITTEN COMMUNICATION: Applicable laws require that some of the information or communications SOUTHERN GOLD COAST PHOTOGRAPHY send to you should be in writing. When using our site, you accept that communication with SOUTHERN GOLD COAST PHOTOGRAPHY will be electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that SOUTHERN GOLD COAST PHOTOGRAPHY provide to you electronically comply with any legal requirement that such communications be in writing.

QUESTIONS OR COMPLAINTS: If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to contact SOUTHERN GOLD COAST PHOTOGRAPHY via e-mail at southerngoldcoastphotography@gmail.com, and SOUTHERN GOLD COAST PHOTOGRAPHY will be more than happy to assist you.

BOOKING TERMS & CONDITIONS

RESERVATION: Upon your signature on the Wedding Contract and Booking Deposit, Southern Gold Coast Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Booking Deposit is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Booking Deposit is to be paid online no more than (3) three days from signing the contract.

CANCELLATION:
In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. Southern Gold Coast Photography will make best efforts to reschedule date changes.

PRE‐EVENT CONSULTATION: The parties agree to a pre‐event consultation before the wedding date in order to finalise the shooting times and locations.

COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Southern Gold Coast Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Southern Gold Coast Photography. Southern Gold Coast Photography will not attend additional hours or relocate to alternative locations to capture missed photographs of wedding guests.

SHOOTING TIME / ADDITIONS: THE CLIENT and Southern Gold Coast Photography agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Southern Gold Coast Photography will not be held liable for any photographs not taken.

LOCATION & SITE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENTʹS responsibility; Southern Gold Coast Photography will offer technical recommendations only.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: Once photographs are purchased, the copyright will be held with the purchaser. You will be free to duplicate and doctor images as you wish. THE CLIENT must obtain written permission and compensate Southern Gold Coast Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.

MODEL RELEASE: THE CLIENT hereby assigns and grants Southern Gold Coast Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Southern Gold Coast Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Southern Gold Coast Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Southern Gold Coast Photography.

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Southern Gold Coast Photography will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Southern Gold Coast Photography, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of Southern Gold Coast Photography to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Southern Gold Coast Photography will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time Southern Gold Coast Photography equipment is being packed up. In return for this consideration Southern Gold Coast Photography insists no other guest photography take place when or where Southern Gold Coast Photography is working.

GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc…) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.

Southern Gold Coast Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re‐taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted. THE CLIENT will be responsible for the costs of any repair or replacement of photography equipment.

Southern Gold Coast Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if event details are incorrect.

PHOTO DELIVERY: 2‐4 weeks after the wedding, Southern Gold Coast Photography will provide THE CLIENT notice that their Wedding Gallery has been loaded online. All images can be purchased and downloaded at full resolution.

PAYMENTS: All major Australian credit cards accepted through online payment gateway.

ADDITIONAL COSTS: The booking of and any additional costs incurred for booking venues, photography locations etc are THE CLIENT’s responsibility (NB If the photographer is required to remain after the meal, a meal should be provided by the Bride and Groom.)

RIGHT OF WITHDRAWAL: Southern Gold Coast Photography’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non‐cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Southern Gold Coast Photography initiate the withdrawal, the Booking Deposit will be returned.

LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Southern Gold Coast Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.

In the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Southern Gold Coast Photography control, the latter’s liability is limited to the return of the Booking Deposit. The limit of liability shall not exceed the Booking Deposit.

QUANTITY OF IMAGES TAKEN AND TAKING OF SIMILAR IMAGES: In order to ensure that the pictures desired by THE CLIENT are recorded and preserved for them, and to lessen the possibility of equipment or photographer error, there are some poses and group shots that will be taken multiple times and or with multiple cameras.

This is done to ensure that if a person blinks, distractions in the background which are not initially seen, hair, clothes or equipment (camera, flash, or some other item) fails to work as expected, another image using the same or different camera has also recorded a similar image. This means that there will be multiple similar images delivered to the client.

Group photos will require more images be taken so as to ensure that the best possible image is captured.

  • Multiple cameras: When photographs are taken with multiple different cameras, each one will have a different type of lens on it. This results in slight perspective changes (wide angle on one camera, standard lens, or a telephoto lens on a camera) and thus also more variety to choose from while performing the ʺinsuranceʺ function at the same time.
  • Multiple images with same camera: When this is done, especially on group shots, two or three similar images will occur in a row. Different camera settings are sometimes used to ensure proper exposure which may not always be noticeable. The best of these multiple images will be uploaded to the Wedding Gallery.

NON‐GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Southern Gold Coast Photography cannot place an unconditional guarantee on the above. Southern Gold Coast Photography will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Southern Gold Coast Photography’s control.

PERFORMANCE: The performance of this contract on behalf of Southern Gold Coast Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Southern Gold Coast Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.

PROFESSIONAL IMAGE MANIPULATION: Southern Gold Coast Photography will allow for limited professional image manipulation (if technically possible) and will do so prior to uploading images to the Wedding Gallery. THE CLIENT will reside to the fact that Southern Gold Coast Photography has performed to its best ability of glamorization of photographs and has no further responsibility towards said image manipulation and no refund will be offered. Examples of photo glamorization can be viewed in Southern Gold Coast Photography’s online portfolio.

COOLING OFF PERIOD: We understand there is a (3) three working day cooling-off period from the date of signing this contract and Booking Deposit where THE CLIENT shall receive their Booking Deposit back.

TRAVEL: Southern Gold Coast Photography will supply their own transportation to locations where possible. If photographic coverage is requested during transportation i.e. – wedding car, these can be done at the beginning and or end destination points or THE CLIENT will be responsible for seating arrangements and any additional costs.

ATTIRE/ DRESS CODE: THE CLIENT will alert Southern Gold Coast Photography of any dress codes and or preferred attire prior to the wedding.

SHOOTING TIMES: All booking time frames are based on consecutive hours. If you wish to have any pre shoots at other locations and then an afternoon ceremony, this is considered a Full Day Booking.

The time frame a photography is assigned to your wedding will not exceed 8 hours including travel time.

PRINTED PHOTOGRAPHYS: Southern Gold Coast Photography does not sell or work with printed photography. All photographs are digital downloads, that allow the Bride & Groom full copyright access to duplicate and have printed themselves.

CD / DVD IMAGES: Southern Gold Coast Photography does not give images on disk, CD or DVD.

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