Terms and Conditions of Use
By using this site, you agree to the following conditions. If you disagree with any of the conditions, do not use this site. We reserve the right to change these conditions at any time, so please check for changes when you use the site. Your continued use of the site following the posting of changes to these conditions means that you accept those changes. By browsing through the site, or opening an account, you agree to the terms of this agreement.
For your convenience, this site may contain links to Web sites operated by others. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using this site, please notify us immediately. We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.
1. Before placing any order for goods through the site, you must create an account with us.
2. All information and data provided by you in the creation of your account is accurate and current.
3. You will notify JJC Photography immediately if you suspect and/or become aware of any misuse of your password or any other security breach relating to your account.
1. Orders can be placed by following the instructions on the site. Your order will be submitted by completing the payment details. The order will deem to have been received by us at the time we send an order confirmation to your nominated e-mail address.
2. We will endeavours to fill your orders placed through the site. However we reserve the right to cancel any order without notice for any reason.
3. We reserve the right to decline any order that request commercial quantities of goods. If we are unable to fill all the items on the order, this agreement will apply to the fulfilment of all or part of the order.
4. If you wish to cancel an order, you must notify us at firstname.lastname@example.org by 9am on the next business day following the date of the order by quoting the purchase order number.
5. In event of a cancelled order, any payments processed by us will be promptly refunded
6. Each order placed by you represents a separate agreement incorporating the terms of that order.
7. You acknowledge that the Internet can be an unstable and, from time to time, insecure platform and marketplace. At times our site may not be available, or orders may not be processed or may not be accepted for reasons which beyond our control. In these circumstances we accept no responsibility.
1. Prices displayed on the site are denominated in Australian dollars. Prices are subject to change without notice. Prices for items on an order are fixed once your order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted orders.
2. All pricing displayed on the site is solely for online purchases
4. You agree to pay the delivery charges specified at the time you submit your order.
1. You may provide your nominated credit card details during the purchase process described on the site.
2. Once the goods the subject of your order are received from suppliers and are ready for dispatch, JJC Photography will process payment for the goods plus any delivery charges using your nominated credit card (Visa or Mastercard.
3. You authorise us to debit such amount from your nominated credit card.
4. If your nominated credit card is declined by your financial institution, we will not be able to guarantee the delivery of the goods, and may contact you to make alternative payment and delivery arrangements.
5. We may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the order and may not contact you to inform you that your order will not be processed. We may process this order or further orders if you make a payment by another method that is acceptable to us.
Delivery, Risk and Title in the Goods
1. We will endeavours to deliver the goods to your nominated delivery address within the time period specified at the time of placing your order. However, we will not be liable to you or anyone else for any losses suffered or incurred due to delay.
2. Subject to payment, property and risk in the goods passes to you upon delivery of the goods to your nominated delivery address.
Faulty or Damaged Goods
1. We will endeavours to repair or replace any faulty goods, or goods damaged prior to delivery.
2. Damaged or faulty goods will be repaired or replaced (at the discretion of JJC Photography) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of JJC Photography) a full refund will be issued for the value of the damaged or faulty Goods.
3. All damaged and faulty goods must be returned to us.
1. Other than in accordance with clause 10, JJC Photography will only accept the return of goods that have been supplied incorrectly, or vary from their description on the JJC Photography site
2. If you have a return, please refer to our return policy for more information.
1. All Intellectual Property in any Material on the site is the property of JJC Photography , its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
1 You must ensure that your access to, or use of, the site is not illegal or prohibited by laws which apply to you.
2. You must take your own precautions to ensure that the process which you employ for accessing the site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. JJC Photography takes no responsibility for any such damage which may arise in connection with your use of the site.
1. You waive, release, discharge and relinquish any and all claims that you now have or may have against JJC Photography which are connected with, arise out of, relate to or are incidental to the use of the site.
2. You agree to indemnify JJC Photography and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by us arising out of or in connection with the site by any other person as a result of your, or any person using your password’s:
(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the site.
Limitations of Liability
We are not liable for any special or consequential damages resulting from your use of, or your inability to use, the materials in this site or any linked site, including, but not limited to, lost profits, business interruption and loss of programs or other data on your information handling system. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked site.
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of JJC Photography (in negligence or otherwise) is limited (at the option of JJC Photography) to the resupply of goods or services, or the cost of having the goods or services supplied again. JJC Photography shall not be liable for any indirect or consequential loss.
Nothing in these terms and conditions is intended to limit or exclude any liability on JJC Photography’s part where and to the extent that applicable law prohibits such exclusion or limitation.
JJC Photography may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.
False or Misleading Conduct
1. It is illegal to use a false name to buy Products with an invalid or stolen credit card or make bids, even if our software initially accepts such order/s. We intend to refer fraudulent users to the police and to your Internet Service Provider.
2. You may be sued for any losses suffered by any person arising out of any illegal action.
3. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the Users Agreement, we may immediately institute proceedings against you for any amount owing to any person.
This Users Agreement is governed by and will be construed according to the law of Queensland. JJC Photography and you are subject to the jurisdiction of the courts of Queensland.
The materials at this site and any linked site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of title and implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained at this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
Definitions ad Interpretation
1. “site” means the internet site located at www.jjcphotography.com.au created and operated by us.
2. “us/we” means JJC Photography Pty Ltd ABN 58 145 032 060
3. “order” means a request submitted by you to purchase Goods from us through the site.
4. “account” means the personalised account created by you on the site enabling the order of goods.
5. “goods” mean any products described in an order and includes packaging.
6. “you” means the customer and/or individual placing the order.
7. “agreement” means these terms and conditions, including the terms of any order placed by you through the site where applicable and which you have deemed to have agreed to when you register for the service.
8. “intellectual property” means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
10. “product information” means any information posted by us on the site in relation to any item posted by us for sale on the site.
11. “returns policy” means that policy contained in the returns policy section.
12. “material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the site.
Any reference in this agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.