Competition / Promotional Terms & Conditions
You must be over 18 years of age to use this website, to purchase any goods/services or to enter competitions/promotions. In order to enter participants need to subscribe to Mike Beltrametti photography by providing their details in the form embedded into the Facebook page or mikebeltrametti.com.au. Only people that have not won a competition, prize or promotional item through Mike Beltrametti photography in the last 6 months are eligible to enter. The winner will be drawn at random using http://random.org, announced on Facebook on the day of the draw and notified via e-mail. It is the responsibility of an entrant to provide us with a valid e-mail address. If the e-mail address provided is incorrect the second name will be drawn. The winner will be asked to provide their mailing address and contact phone number at the time of contact. The winner will receive a Competition Gift Voucher by post which will be valid for a period of 3 months from the date of the draw. The voucher is for private use only in our studio and can’t be used in conjunction with any other offer or promotion. The voucher is not transferable or redeemable for cash. Copies of the voucher will not be accepted. The decision of the judges is final and no correspondence shall be entered into.
By entering our Facebook competitions you acknowledge that the promotion is in no way sponsored, endorsed, administered by or associated with Facebook in any way.
GIFT CERTIFICATES/PROMOTIONAL VOUCHERS
Gift Certificates/Promotional Vouchers must be redeemed by the holder prior to the expiry date indicated on them, provided the holder has not redeemed a Competition Gift Voucher, Gift Certificate or Promotional Voucher with Mike Beltrametti photography in the last 6 months. Gift Certificates/Promotional Vouchers are for private use only. They ARE transferable to family or friends but NOT exchangeable or redeemable in whole or in part for any cash equivalent. The Vouchers and Gift Certificates cannot be used in conjunction with any other offer, prize or promotion. Only one (1) Gift Certificate or Promotional Voucher/Certificate can be used at a time. You cannot use the Gift Certificate or Promotional Voucher to purchase products from any other photo sessions. Gift Certificates and Promotional Vouchers entitle the holder to a single appointment only. Once made, an appointment cannot be rescheduled and the Gift Certificate or Promotional Voucher is deemed to have been used in full at that original appointment time and date.
Mike Beltrametti photography reserves artistic control over the design and content of each photo shoot. We may, at our discretion, decline to create certain types or styles of photography. We reserve the right to refuse to produce images at some sizes or combinations of sizes if we believe such images would or could be detrimental to our reputation as a professional studio or as professional photographers. Clients should discuss their requirements with the studio prior to the photo shoot.
REFUSAL OF SERVICE
Mike Beltrametti photography reserves the right to refuse service if in our opinion the provision of service is likely to cause or has caused disruption to either staff members or the normal operation of business.
General Terms and Conditions
APPOINTMENT HOLDING FEE/ DEPOSIT
To ensure your commitment to the scheduled appointment a deposit of $50 will be required on the day of booking. This deposit will be used towards the products you choose to purchase after the photoshoot, provided that you have completed your appointment at the correctly scheduled time and date. Failure to attend or complete your scheduled appointment may result in the cancellation of any prize and the forfeiture of the deposit at the sole discretion of Mike Beltrametti photography management.
All photoshoots include a follow up appointment to view and purchase your images. It is assumed that the documentation given to you at the time of leaving the photoshoot has been considered before you return for your viewing/purchasing session. This documentation contains information regarding our product range, prices and what will happen at your viewing/purchasing session. If, at the time of the viewing/ purchasing session you are unable to make a decision and require another appointment, the second viewing/purchasing session will attract a fee of $195.00 to cover our time and expenses. Once an order has been placed it is part of our process to immediately design, create and order your products. Refunds are not available where a purchase contract is in place, deposits or full payment have been made and a client changes their mind.
COLLECTION OF GOODS
Whilst we make every possible effort to contact you regarding collection of your goods we are limited in the amount of time we can hold them. Unless prior arrangement has been made for collection we will hold your products for a period of 6 months after which time they may be subject to disposal.
RETENTION OF IMAGES
Mike Beltrametti photography accepts no liability for loss of stored images due to circumstances beyond their control including human error and technical failure. If a purchase is completed at the viewing/purchasing session, your images will be stored indefinitely. Alternatively, if no purchase is completed, images are stored for a period of seven (7) days to facilitate a change of mind. All RAW images used to generate the image presented at the viewing/purchasing session are destroyed upon completion of a sale. If you are using our payment plan option and we are storing your images, all care is taken to ensure that they will be available for the creation of your products. If a situation arises where funds have been paid to Mike Beltrametti photography and the original images are no longer available due to the aforementioned or some other circumstance, the client will be eligible to have another photo session in order to replace the original images and products of equal or greater value will then be created from these new images. Refunds are not available where a purchase contract is in place, deposits have been made and a client changes their mind.
Website Use Terms and Conditions
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and mikebeltrametti.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that mikebeltrametti.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), mikebeltrametti.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of mikebeltrametti.com.au. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
Mikebeltrametti.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of mikebeltrametti.com.au.
LINKS TO OTHER WEBSITES
Mike Beltrametti photography may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between mikebeltrametti.com.au and the owners of those websites. Mikebeltrametti.com.au takes no responsibility for any of the content found on the linked websites. Mikebeltrametti.com.au website may contain information or advertisements provided by third parties for which mikebeltrametti.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, mikebeltrametti.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Mikebeltrametti.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of mikebeltrametti.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Mike Beltrametti photography does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Mike Beltrametti photography may be required, in certain circumstances, to disclose information in good faith and where Mike Beltrametti photography is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Mike Beltrametti photography. Mike Beltrametti photography expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then mikebeltrametti.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Mike Beltrametti photography reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Mike Beltrametti photography expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Copyright to all images created during the photo shoot are deemed to belong solely to Mike Beltrametti photography. Under no circumstances are any images to be used by a third party unless prior written permission has be granted by Mike Beltrametti photography.
These terms and conditions represent the whole agreement between you and Mike Beltrametti photography concerning your use and access to mikebeltrametti.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
USE OF WEBSITE CONTENT
All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us. You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Mike Beltrametti photography that results in litigation then you must submit to the jurisdiction of the courts of WA.