TERMS OF SERVICE
This website is operated by LORNA KIRKBY PHOTOGRAPHY. Throughout the site, the terms “we”, “us” and “our” refer to LORNA KIRKBY PHOTOGRAPHY. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, booking an appointment, visiting our studio, viewing your online gallery and making an order, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, commenters and contributors of content—without exception.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features or resources which are added to the current website are also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The section headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or locality of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the content on this website without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – SESSION FEES, PRICING AND COPYRIGHT
The session fee covers the photographer’s time and talent, detailed editing of 20-25 images, and an online gallery. Prints, products, and digital files are sold separately. Session fees are due prior to the session and are not refundable. Session fees may be transferred to a rescheduled session.
Your online gallery will be available approximately three (3) weeks after your session. Once the gallery is active, you have seven (7) days to place and pay for your order. All orders must be placed during that time. There is a $35 AUD fee to re-load your gallery. Prices are non-negotiable.
Please note that there is a $550 AUD minimum order required. Reproduction of images without express consent from the photographer is unlawful and strictly prohibited. Scanning, screen capturing, and printing of said images are all considered copyright infringement. Outside cameras are strictly prohibited at portrait sessions. LORNA KIRKBY PHOTOGRAPHY retains the copyright and ownership of all images, and has the right to make reproductions for commercial use and promotional purposes. The photographer is released from all claims and liability relating to these images.
SECTION 5 – PRIVATE MENTORING AND WORKSHOPS: FEES AND TERMS
A deposit of $400 AUD is due upon registration of a newborn photography mentoring workshop and a deposit of $500 AUD is due upon registration of a newborn photography mentoring private session.
All deposits are NON-REFUNDABLE. The balance is due one (1) month prior to the workshop date. If you are unable to attend the workshop for any reason, your tuition will be refunded in full, excluding the $400 deposit or $500 deposit as applicable, as long as you are able to find another photographer to fill your spot.
All information discussed, given, or shared at the workshop or private session is for the attendee only and should not be discussed in part, or in its entirety, with any photographer or persons who have not attended. All materials are protected under copyright law and should not be shared without the express consent of Lorna Kirkby of LORNA KIRKBY PHOTOGRAPHY.
All workshop and private mentoring attendees are required to agree to a non-compete clause for a period of twelve (12) months. This clause will prevent you from holding newborn workshops or mentoring sessions of your own during this period.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.
We reserve the right, but are not obligated, to limit the offer of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the services that we offer. All descriptions of services and pricing are subject to change at any time without notice, at our sole discretion.
We do not warrant that the quality of any service, information, or resource obtained by you via our website will meet your expectations, or that any errors in our service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, competitors or distributors.
You agree to provide current, complete and accurate personal information for all orders made via the website or email. You agree to promptly update your account and other information, including your email address, so that we can complete your order and contact you as needed.
SECTION 8 – THIRD-PARTY RESOURCES
We may provide you with access to third-party resources over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such resources “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party resources.
Any use by you of third-party resources offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such resources are provided by the relevant third-party provider(s).
We may also, in the future, offer new services through the website (including, the release of new resources). Such new services are also subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS AND FEEDBACK
We welcome comments and feedback, and make provision for such via our Contact Form and comments field. However, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Statement. We recommend that you view this statement immediately.
SECTION 12 – CONCLUSION OF SERVICE AND PAYMENT
Our work of service, “the contract,” concludes after you have made full payment against your order. We welcome any subsequent orders you wish to make; however, delivery of any additional product will only be made after full payment of the new invoice.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to our services and pricing. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information has been modified or updated.
We do not take responsibility for typographical errors, inaccuracies or omissions on third-party websites and services.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our services will be accurate or reliable.
You agree that from time to time we may remove our services for indefinite periods of time or cancel our services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our services is at your sole risk. The website and all our services delivered to you are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantableness, durability, title, and non-infringement.
In no case shall LORNA KIRKBY PHOTOGRAPHY or anyone connected to us be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION & SEVERABILITY
You agree to indemnify, defend and hold harmless LORNA KIRKBY PHOTOGRAPHY and anyone connected to us, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the website and the services we offer constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org with the subject: Terms of Service Enquiry.
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