Terms & Conditions

Website Terms & Conditions

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This document was created using a Contractology template available at http://www.contractology.com.

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 KS PHOTOGRAPHY’s use of cookies in accordance with the terms of KS PHOTOGRAPHY’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, KS PHOTOGRAPHY and/or its licensors owns 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, and print pages 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);
  • 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 

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 KS 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 KS PHOTOGRAPHY’s express written consent.

Restricted access

Access to certain areas of this website is restricted. KS PHOTOGRAPHY reserves the right to restrict access to areas of this website, or indeed this entire website, at KS PHOTOGRAPHY’s discretion.

If KS 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. 

KS PHOTOGRAPHY may disable your user ID and password in KS PHOTOGRAPHY’s sole discretion without notice or explanation.

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 KS 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 KS 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 KS 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. KS PHOTOGRAPHY reserves the right to edit or remove any material submitted to this website, or stored on KS PHOTOGRAPHY’s servers, or hosted or published upon this website.Notwithstanding KS PHOTOGRAPHY’s rights under these terms and conditions in relation to user content, KS PHOTOGRAPHY does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. KS 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, KS PHOTOGRAPHY does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

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

Limitations of liability

KS 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 KS 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 KS PHOTOGRAPHY’s liability in respect of any:

  • death or personal injury caused by KS PHOTOGRAPHY’s negligence;
  • fraud or fraudulent misrepresentation on the part of KS PHOTOGRAPHY; or
  • matter which it would be illegal or unlawful for KS PHOTOGRAPHY’s 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.

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 KS PHOTOGRAPHY’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KS 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 KS PHOTOGRAPHY and undertake to keep KS PHOTOGRAPHY indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KS PHOTOGRAPHY to a third party in settlement of a claim or dispute on the advice of KS PHOTOGRAPHY’s legal advisers) incurred or suffered by KS 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 KS PHOTOGRAPHY’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KS PHOTOGRAPHY’s may take such action as KS 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

KS 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

KS PHOTOGRAPHY may transfer, sub-contract or otherwise deal with KS 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 KS PHOTOGRAPHY in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

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.

Registrations and Accreditations

KS PHOTOGRAPHY is registered with the Australian Business Register.  You can find the online version of the register here. KS PHOTOGRAPHY’s ABN registration number is a 26588794326.

KS PHOTOGRAPHY is accredited with the AIPP.  Karin Shugrue professional title is Accredited Professional Photographer and it has been granted by the Australian Institute for Professional Photographers in the Australia.  KS PHOTOGRAPHY is subject to the AIPP rules and regulations which can be found here.

KS PHOTOGRAPHY subscribes to the following code of conduct: AIPP Code of Professional Practise.  This code can be consulted electronically at AIPP Code of Professional Practice.

KS PHOTOGRAPHY details

The full name of KS PHOTOGRAPHY is KS PHOTOGRAPHY. 

KS PHOTOGRAPHY’s registered address is 4 Montego Rise, Iluka, WA 6028, Australia.

You can contact KS PHOTOGRAPHY by email to contact@ksphotography.com.au or by phone 0434 704701.

Google Reviews

Vikki Mair
Vikki Mair
04:22 29 Nov 16
We were so lucky to have Karin take pictures of my pregnancy and of our beautiful baby girl. We have received lots of wonderful comments on the images and will cherish the pictures. The whole experience was wonderful, she made us feel at ease throughout both sessions. I would highly recommend her!
Tiffany Ochs
Tiffany Ochs
09:37 01 Dec 16
We couldn't have asked for more! Karin did such an amazing job with our baby. Our little one didn't want to settle, but Karin was patient and calming and we ended up with incredible results. Karin also accommodated our special requests and incorporated a quilt that was made for us in the shoot and also photographed our baby with my mother who was over visiting from the states. Could not recommend her highly enough. Looking forward to booking our one year cake smash session with her when the time comes!
Sara Duncalf
Sara Duncalf
06:08 29 Nov 16
Karin was so fantastic, gentle and patient during our little buns newborn photo shoot and the pictures she took and edited were beautiful. We have received a lot of very positive comments on the photos from friends and family. We were very impressed! Thanks Karin!
Kasey Magro
Kasey Magro
11:29 28 Nov 16
Karin was so wonderful with our girl and captured her perfectly. She matched what we wanted so well and we couldn't be happier! Thank you so much for your beautiful work
Aliza Magalong
Aliza Magalong
02:31 17 Sep 16
Would definitely recommend KS Photography to all our family and friends without hesitation. Karin is not only an amazing and talented photographer, she is also a wonderful person to work with. She also has a gift with babies, our little Kiana was so at peace with her which made the experience that much better. We were beyond impressed with our maternity and newborn photos which we will treasure forever. Thank you again Karin, it was an absolute pleasure with you and look forward to working with you again in the near future.
Nicole Jessop
Nicole Jessop
01:18 22 Dec 16
I absolutely love KS Photography! If you are looking around for a photographer I highly recommend that you use Karin - you will not be disappointed!I have used Karin for both my kids newborns photos and will definitely be using her again when baby #3 arrives next year. We also just recently had a family photoshoot done and have just loved every single photo she has taken! We have her photos hanging up in pretty much every room in our house!I can't wait to look back at all the photos when the kids have grown up ???? perfect memory keepsakes ????
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