Ts & Cs and Privacy

The Who Photography & Designs Website Terms of Use

1. Terms of Use

(a) This Terms of Use is for the use of this website, including the platform hosted by The Who Photography & Designs (Squarespace Platform) (collectively, the Website), operated by The Who Photography & Designs Pty Ltd (ABN 23 633 487 126) (The Who Photography & Designs).

(b) Access to the Website is conditional upon your acceptance, without alteration, of these Terms of Use.

(c) By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of The Who Photography & Designs’ Privacy Policy and, if relevant, the terms and conditions as contained in The Who Photography & Designs’ client agreements.

(d) For the purpose of this Terms of Use, you are referred to as a “Customer”, if the relevant clause is regarding any sale of goods or services, supplied by The Who Photography & Designs.

(e) Once the Customer’s project has been completed, The Who Photography & Design has the right to share the Customer’s project on The Who Photography & Designs’ social media channels, website and/or use on marketing/PR collateral in both digital and print form.

1. Use of material on the Website

(a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your personal, non-commercial use.

(b) Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the content of this site, is strictly prohibited.

(c) You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

(d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re- transmitted in any media without the prior written consent of The Who Photography & Designs.

1. Links to other Websites

(a) The Website may contain links to sites on the internet that are owned and operated by third parties and which are not under the control of The Who Photography & Designs.

(b) Any links are provided as a convenience to you and the existence of a link to other sites does not imply an endorsement by The Who Photography & Designs of the linked site.

(c) The Who Photography & Designs is not responsible for the material contained on those linked sites.

1. User Portals and Pic time Gallery

(a) By signing up for a user account, you acknowledge that you have read this Terms of Use and any other relevant agreements and policies, deemed to be so relevant by The Who Photography & Designs, at its absolute discretion.

(b) Subject to any outstanding payments being made, you may, at any time, cancel your account with The Who Photography & Designs by emailing hello@thewho.com.au.

(c) The Who Photography & Designs may restrict or cancel your user account at any time, for any reason whatsoever, including, but not limited to, a breach of the terms of this Terms of Use.

1. Intellectual Property-General

(a) The Who Photography & Designs reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it.

(b) The copyright in the Website and its content, including, but not limited to, design templates, is owned by The Who Photography & Designs, its affiliates or by third parties who have licensed the materials to The Who Photography & Designs or its affiliates.

(c) All trademarks mentioned on the Website belong to their respective owners.

1. Intellectual Property – Sale of Content

(a) The Customer agrees that the benefit to be received by the Customer from the Sale Content (Benefit) is:

(i) Subject to sub-clause (d)(ii) herein, for personal use or the use of their respective business; and

(ii) not to be commercially sold, sub-licensed, or otherwise commercially exploited.

(b) On the occurrence of a Sale, The Who Photography & Designs will grant the Customer a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use the Sale Content as required by the Customer to receive the Benefit.

1. Agreed Costs

(a) By purchasing Sale Content, therefore, being a party to a Sale, you agree to the cost of sale (Content Price), advertised byThe Who Photography & Designs on the Website and/or FFS Platform, at the time of the Sale.

(b) Subject to sub-clause (c) herein, The Who Photography & Designs reserves the right to change the Content Price of any Sale Content, from time to time, without notice to the Customers or users of the Website.

(c) The Who Photography & Designs may not change the Content Price of an agreed Sale.

1. Point of Sale Terms & Conditions

(a) The Who Photography & Designs uses a number of payment gateways for:

(i) payments made by Customers to The Who Photography & Designs (Payments); and

(ii) refunds issued by The Who Photography & Designs to Customers (Refunds).

(b) In the process of making Payments, you may be re-directed to the platform used by that payment gateway (Payment Platform) and, in doing so, agree to the Terms of Use of such Payment Platform.

(c) The Who Photography & Designs reserves the right to change the preferred payment gateway, from time to time, without notice to any Customers.

(d) All transactions are processed in AUD figures.

1. Refunds

(a) If there is a minor fault with the functioning of your product, please email hello@thewho.com.au to request a repair of the product.

(b) If we are unable to repair the product or a major fault is established with the product, the Customer may elect to receive a replacement product of the exact same value or receive a full refund.

(c) We do not provide refunds for change of mind.

1. Disclaimer

(a) The Who Photography & Designs is making the Website available for others to publish information without assuming a duty of care to users.

(b) The Who Photography & Designs is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the World Wide Web.

(c) To the fullest extent permitted by law, The Who Photography & Designs disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(d) The Who Photography & Designs will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

(e) Notwithstanding that The Who Photography & Designs has used its best endeavours to ensure that the information contained and accessed through the Website is correct and current at the time of publication, The Who Photography & Designs does not accept responsibility for any error, omission or defect in this information and the Website is provided by The Who Photography & Designs on an “as is” basis.

(f) To the fullest extent permissible by law The Who Photography & Designs:

(i) does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this site;

(ii) does not warrant that the functions of the Website will be uninterrupted or error-free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and

(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the The Who Photography & Designs Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

(g) The Who Photography & Designs will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the The Who Photography & Designs Website.

(h) The Who Photography & Designs will not liable for any delays that may occur during the push live process of your The Who Photography & Designs’ website – due to external parties involved (eg. your existing domain and/or hosting provider) this process can take anywhere up to 72hrs or longer, depending on your provided details.

(i) The Who Photography & Designs cannot take responsibility for any issues or circumstances resulting from misuse of The Who Photography & Designs products, including but not limited to issues caused by external web development not performed by The Who Photography & Designs.

1. Limitation of liability

The Who Photography & Designs’ liability for breach of any warranty or condition in these Terms of Use or for breach of any implied warranty or condition that cannot be excluded by operation of law, is limited at the option of The Who Photography & Designs to the following:

(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and

(b) in the case of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

1. Alteration of Terms of Use

The Who Photography & Designs reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without notice to you and without giving any explanation or justification for such change.

1. Relevant Jurisdiction

(a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia.

(c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms of Use.

1. Customer Service

For any Customer service enquiries, please send an email to hello@thewho.com.au or mail 9a Booth Street, Parkdale, 3195.

Terms of Use last updated on 1 February 2020. 

The Who Photography & Designs Website Privacy Policy

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data which includes certain identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, support or contact queries, online community comments and so on.

We will not use or share your information with anyone except as described in this Privacy Policy.

Please read this Privacy Policy carefully. This Privacy Policy may be amended from time to time with changes, additions and deletions, at our sole discretion. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Website following any amendments indicates that you accept the amendments. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

By using our Website or its content, you consent to this Privacy Policy as at February 2020, whether or not you have read it.

What personal information do we collect, use and disclose?

The Who Photography & Designs, in the course of conducting its business, collects a range of personal information including, amongst other things, names, email addresses, mailing and residential addresses, business and home phone numbers.

The Who Photography & Designs only collects personal information that is reasonably necessary for one or more of The Who Photography & Designs’ functions or activities.

The Who Photography & Designs only collects sensitive information if it is reasonably necessary for The Who Photography & Designs’ functions or activities or an exception applies under the Privacy Act and the individual to whom the information relates has given their express consent to the collection.

1 Sensitive Information includes information about an individual’s mental health, disability, racial or ethnic origin, criminal convictions, religious affiliation and political affiliation.

How do The Who Photography & Designs collect the information?

Collection of personal information by The Who Photography & Designs is only done by lawful and fair means.

The Who Photography & Designs collects personal information about an individual directly from that individual wherever it is reasonable and practicable to do so. This may be through contact forms, letters, emails, websites, receipts, telephone conversations, consultations and attendance at events.

The Who Photography & Designs will always take reasonable steps to ensure individuals are aware of (amongst other things) the facts and circumstances of collection, the purpose of collection and information about The Who Photography & Designs’ privacy policy.

What does The Who Photography & Designs use personal information for?

The Who Photography & Designs will only use or disclose personal information for the Primary Purpose including things such as managing our relationships, performing administrative functions, informing customers and others about our products and services by direct marketing methods, market research, building and maintaining business relationships, implementing our communication model and complying with legal requirements.

Where The Who Photography & Designs uses personal information other than for the Primary Purpose, The Who Photography & Designs does so in accordance with the Privacy Act and APP 6.

Direct Marketing

The Who Photography & Designs engages in direct marketing of its products and services from time to time.

The Who Photography & Designs only uses personal information for direct marketing in circumstances where The Who Photography & Designs has collected the information directly from the individual and that individual reasonably expects to receive direct marketing material from The Who Photography & Designs (for example, where an individual has signed up to receive direct marketing material from The Who Photography & Designs).

The Who Photography & Designs offers all individuals the opportunity to unsubscribe from receiving direct marketing communications.

Access to and accuracy of personal information

The Who Photography & Designs takes all reasonable steps to ensure that the personal information it collects, uses and/or discloses is accurate, complete, up to date and relevant.

You have the right to ensure that your personal information which is held by The Who Photography & Designs is accurate. To make a request to access and/or correct your personal information, please contact The Who Photography & Designs’ Privacy Officer using the contact details provided below.

While The Who Photography & Designs will always endeavour to give access to personal information free of charge, The Who Photography & Designs reserves the right to charge individuals for access to personal information to cover costs associated with:

searching for, locating and retrieving personal information and deciding which information to provide to the individual;

using an intermediary; and

reproducing and sending the information.

The Who Photography & Designs is entitled to refuse to give access to personal information in certain circumstances. For further information, please contact The Who Photography & Designs’ Privacy Officer using the contact details provided below.

Security of personal information

The Who Photography & Designs takes all reasonable steps to ensure that information held by The Who Photography & Designs is safe and secure, and that it is protected from misuse, loss, unauthorised access, modification and disclosure.

The Who Photography & Designs stores and secures all personal information via a third party data storage provider. The Who Photography & Designs will make all reasonable endeavours to ensure the storage provider is compliant with the APP’s.

Destruction and de-identification of personal information

The Who Photography & Designs will take reasonable steps to de-identify or destroy personal information when it is no longer needed by The Who Photography & Designs except where the information forms part of a Commonwealth record or The Who Photography & Designs is required, by law or a court/tribunal order, to retain the information.

Anonymity and pseudonymity

Individuals have the option of dealing anonymously or by pseudonym with The Who Photography & Designs unless it is impracticable to do so or The Who Photography & Designs is required, by law or a court or tribunal order, to deal with identified individuals.

Changes to privacy policy

The Who Photography & Designs reserves the right to amend this privacy policy from time to time. Changes will be posted on the The Who Photography & Designs website.

Complaints

If you believe there has been a breach of the APPs or an APP Code, please contact The Who Photography & Designs’ using the details provided below.

The Who Photography & Designs takes privacy complaints very seriously. If you make a complaint, The Who Photography & Designs will respond within 5 business days to let you know who is responsible for managing your complaint. The Who Photography & Designs will try to resolve your complaint within 10 business days. When this is not possible, The Who Photography & Designs will contact you within that time to let you know how long we will take to resolve your complaint.

The Who Photography & Designs will investigate your complaint and where necessary, consult with third parties about your complaint. The Who Photography & Designs will make a decision about your complaint and write to you to explain our decision.

Individuals can also complain directly to the Office of the Australian Privacy Commissioner. Details about how to file a complaint can be found at www.oaic.gov.au or by calling 1300 363 992.

Contact The Who Photography & Designs

All queries and complaints should be directed to The Who Photography & Designs.

Contact Name: Jessica Roberts

Address: Parkdale, Victoria 3195

Email: hello@thewho.com.au