Elle Payne t/as Always Belle Photography

Website Terms and Conditions of Use

  1. About the Website
    1. Welcome to www.alwaysbellephotography.com.au (Website). The Website provides you with an opportunity to browse and the site and the services of Elle Payne t/a Always Belle Photography (Services).
    2. The Website is operated by Elle Payne t/as Always Belle Photography (abn 56 830 700 200) (Always Belle Photography). Access to and use of the Website, or any of its associated Services, is provided by Always Belle Photography. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    3. Always Belle Photography reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Always Belle Photography updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
  • You accept the Terms by remaining on the Website.
  1. Information Disclaimer
    1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, or on any other related platform do not constitute professional or other advice, and are provided for general information and guidance purposes only.
    2. All care is taken in the preparation of the information and published materials on the Website, through the Services,  social media accounts, or on any other related platform. Always Belle Photography does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
    3. To the extent permissible by law, Always Belle Photography will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts or on any other related platform.
  2. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products of Always Belle Photography are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Always Belle Photography or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by Always Belle Photography, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
    1. Always Belle Photography does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Always Belle Photography.
    2. Always Belle Photography retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    3. You may not, without the prior written permission of Always Belle Photography and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  1. Privacy

Always Belle Photography takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Always Belle Photography’s Privacy Policy, which is available on the Website.

  1. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. Always Belle Photography will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    1. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Always Belle Photography make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Always Belle Photography) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of Always Belle Photography; and
      4. the Services or operation in respect to links which are provided for your convenience.
  1. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Always Belle Photography does not control any Third-Party Services. Always Belle Photography additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Always Belle Photography will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

  1. Limitation of liability
    1. Always Belle 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
    2. You expressly understand and agree that Always Belle Photography, its affiliates, employees, agents, contributors and licensors will 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 will 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.
  2. User Generated Content
    1. If you choose to contribute any content to the Website or any other platform operated by Always Belle Photography, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
    2. By contributing content to the Website, you grant Always Belle Photography a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Always Belle Photography.
    3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Always Belle Photography can use that information with your Your Content for advertising and promotional purposes, or any other business purpose. 
    4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Always Belle Photography social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Always Belle Photography. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    5. Please ensure you keep your own copies of Your Content as Always Belle Photography may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    6. Always Belle Photography will endeavour to provide you with an appropriate credit when using Your Content on Always Belle Photography platforms, though you understand and agree this may not always be possible.
    7. Always Belle Photography reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
  3. Mailing List Registration 
    1. You will be given the option to register for the Always Belle Photography Mailing List (Mailing List).
    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Email address
      2. Name
    1. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Always Belle Photography.
  1. Indemnity
    1. You agree to indemnify Always Belle Photography, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  1. Venue and Jurisdiction

The Services offered by Always Belle Photography are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia. 

  1. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.