Terms of Use - Gromov Photography
  • Terms of Use

GROMOV PHOTOGRAPHY WEBSITE TERMS AND CONDITIONS OF USE

• This website ("Website") is owned and operated by Costa Gromov trading as Gromov Photography ABN 45 412 065 031 ("Gromov Photography").

• Via this Website Gromov Photography provides information in relation to its photography services and products

• By accessing, browsing or using this Website, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Website.  If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Website.

• These Terms of Use form part of the Wedding Photography Agreement and the Event Photography Agreement, whichever is applicable.

• Gromov Photography may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on this Website. Your continued use of this Website after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

• Gromov Photography reserves the right to vary or modify the information contained on this Website, to change or discontinue any feature or part of this Website without notice and without liability.

PRIVACY

Gromov Photography may collect, use, store, record and transmit your personal information entered on this Website.  For further details, please refer to Gromov Photography's Privacy Policy.  Your continued use of the Website and your provision of your personal information constitutes your approval for Gromov Photography to deal with your personal information.

DISCLAIMER

• Gromov Photography does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Website ("Information") or that it is suitable for your intended use.  The Information is provided by Gromov Photography in good faith on an "as is" basis without warranty of any kind.

• Gromov Photography does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of this Website and the Information is at your own risk.

• Gromov Photography makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check on any Information downloaded.

• All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.

LIMITATION OF LIABILITY

• Gromov Photography will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Website.  Under no circumstances will Gromov Photography be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.  Where liability cannot be excluded, any liability incurred by Gromov Photography is limited to the re-supply of the Information on the Website or the reasonable costs of having the Information re-supplied.

• Gromov Photography is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.

• Nothing in the Terms of Use is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

• You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Gromov Photography in relation to the Products or Information or their use or application.

PRICING AND PAYMENT

Prices displayed for the supply of Products include the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (“GST”), and any other taxes or duties imposed on or in relation to the Products.

INTELLECTUAL PROPERTY AND COPYRIGHT (WEBSITE)

• © Gromov Photography  2015.  All rights reserved.

• You acknowledge and agree that all content, text, coding, graphics, images, photographs, videos, data, software and Information available on this Website (“Intellectual Property”) is the property of Gromov Photography and is protected by copyright, trade mark or other intellectual property rights.

• No part of the Intellectual Property may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Gromov Photography's prior written consent.  However, you may download and print these Terms of Use and the Privacy Policy for your personal non-commercial use.

• All trade marks and trade names which appear on this Website are proprietary to Gromov Photography and/or its affiliates.  Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights.  Nothing in this Website should be interpreted as granting any rights to use or distribute any photographs, names, logos or trade marks except with the express written consent of the respective owner.

SPAM

The publication of Gromov Photography's email addresses on this Website is to facilitate communications relating to the products and services supplied by Gromov Photography.  It must not be inferred as consent by Gromov Photography to receive unsolicited commercial electronic messages.

MISCELLANEOUS

• By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.  If you access this Website from other jurisdictions, you are additionally responsible for compliance with local laws.

• Gromov Photography's failure to enforce any of the conditions contained in these Terms of Use shall not be construed as a waiver of any of Gromov Photography’s rights.

• If any condition is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the condition shall be severed from the Terms of Use without affecting the enforceability of the remaining conditions.

• A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address or email address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.


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