Terms of Use
We’re easy to work with and offer friendly, personal service to all our clients, we aim for complete transparency and honesty. We try at all times to operate fairly and to keep you informed fully about what we do and how we do it.
It’s important to understand exactly how we work at Francois Haasbroek Photography, so please read these terms carefully. Of course, nothing on this page overrides your statutory rights as a consumer under Australian law.
Francois Haasbroek Photography ABN 65 972 504 634
– Terms of Use
Your use of this website and the information available on this site is subject to these terms of use.
This website is owned and operated by Francois Haasbroek Photography. Your access to and use of this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on this website (collectively the Terms and Conditions). Your use of and/or continued access to this website constitutes your agreement to the Terms and Conditions.
We may amend the Terms and Conditions at any time by posting amended terms and conditions on the website which will be effective immediately and you will be bound by them from that time. If you violate any Terms and Conditions, your right to use and access this website automatically terminates.
This website is available only for your personal and non-profit use. You may make a single hard copy of the content of this website. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this website unless expressly authorised in writing by Francois Haasbroek Photography. You must not transmit or attempt to transmit any data, code or other material of any kind to this website which contains a virus or other harmful component.
All names, logos or trademarks are either Francois Haasbroek Photography’s property or the property of third parties who have contributed to this website. Nothing on this website should be interpreted as granting any rights to use or distribute any names, logos or trademarks without Francois Haasbroek Photography’s express written agreement or that of the relevant contributor. The content of this website, including all information such as text, graphics, images and other materials is protected by Australian and international copyright law. Any use of the material not expressly authorised on this website may violate these copyright laws.
Francois Haasbroek Photography makes no representations about the accuracy, reliability or completeness of anything that appears on this website. It may contain inaccuracies or typographical errors. Use of this website and its content is at your own risk. Changes to this website may be made at any time. This website and its contents are provided on an as is basis without warranties of any kind, and Francois Haasbroek Photography excludes all warranties, express or implied, relating to the access to, or non-access to this website or the use of or reliance on this website to the full extent permitted by law.
Francois Haasbroek Photography does not warrant that this website will operate error free or that this website and its servers are free of computer viruses and other harmful data, code, components or other material, or does it warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of this website.
This website and its content provide general information which must not be relied upon or regarded as a substitute for specific professional advice. Francois Haasbroek Photography makes not warranties that this website and its content are accurate or suitable for a person’s unique circumstances.
Neither Francois Haasbroek Photography, its officers, agents, contractors, employees, suppliers or any third party mentioned on this website shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages) resulting from the use or access to or inability to use and access this website or its contents.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you and you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
If this website contains hyperlinks and other pointers to websites operated by third parties, these websites are not under Francois Haasbroek Photography’s control and Francois Haasbroek Photography is not responsible for the content of any linked site or any hyperlink contained in a linked site. The inclusion of any link does not imply Francois Haasbroek Photography’s endorsement of the linked site and you link entirely at your own risk. Francois Haasbroek Photography exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any linked sites.
The Terms and Conditions are effective until terminated by Francois Haasbroek Photography. Francois Haasbroek Photography may terminate this agreement and your access to this website at any time without notice. In the event of termination, you are no longer authorised to access this website. All restrictions imposed upon you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
You indemnify Francois Haasbroek Photography, its officers, agents, contractors volunteers and employees (“indemnified parties”) regardless of any negligence on Francois Haasbroek Photography’s part, against all losses, liabilities, legal costs and other expenses incurred by the indemnified parties arising directly or indirectly as a result of or in connection with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by your in connection with Francois Haasbroek Photography’s services.
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
Terms & Conditions
The following terms and conditions (Terms) set out the basis on which Francois Haasbroek Photography ABN 44 736 252 806 (Francois Haasbroek Photography) agrees to provide goods and services to you (Customer).
1 DEFINITIONS
Business Day means a day which is not a Saturday, Sunday or public holiday in New South Wales.
Goods and Services Tax (or GST) means the tax established under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any tax that succeeds it with similar characteristics.
Rates means the rates charged by Francois Haasbroek Photography in accordance with the rates posted on this at www.francoishaasbroek.com.au at the time of booking.
2 INTERPRETATION
The following rules of interpretation apply unless the context requires otherwise:
(a) the singular includes the plural and conversely;
(b) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
(d) a reference to legislation or to a provision of that legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument under it; and
(e) unless otherwise stated, “$” is a reference to Australian dollars.
3 RATES AND DEPOSIT
3.1 A non-refundable $150 deposit is payable at the time of booking to reserve the session. The remaining balance of the Rates must be paid before or on the session date.
3.2 Once a booking has been placed, the Customer agrees that it may not be canceled by the Customer without Francois Haasbroek Photography’s written consent, and the Customer agrees that the deposit payable at clause 3.1 is a reasonable cancellation charge to cover Francois Haasbroek Photography’s costs in the event of a cancellation.
3.3 Francois Haasbroek Photography may, in its sole discretion, allow the deposit to be applied to a re-scheduled session provided that the Customer has provided at least 5 Business Days’ notice of the re-scheduled session.
3.4 The Customer is deemed to have accepted these Terms by placing an order with Francois Haasbroek Photography. If these terms and conditions are received by the Customer but unsigned, and if the Customer places an order with Francois Haasbroek Photography for the Goods, these terms and conditions are deemed to have been accepted and the Rates payable within these Terms are payable by the Customer. These Terms will take precedence over and supersede any other document or terms previously agreed or provided subsequently by the Customer.
3.5 The granting of any credit by Francois Haasbroek Photography is at Francois Haasbroek Photography’s sole discretion which can be withdrawn or varied by Francois Haasbroek Photography at any time.
43.6 Interest at the rate of 2% per month is payable on any overdue amounts from the date when payment was due to the date of actual payment (whether before or after judgment) together with all costs, expenses (including all legal costs) incurred in the collection or attempted collection of any sums due, and can be collected as part of the principal amount owing.
4 GST
Unless otherwise stated, the Rates and other amounts payable are stated exclusive of GST. To the extent that GST or any other comparable value-added tax applies to the Rates or other amount payable, the Customer agrees to pay this amount to Francois Haasbroek Photography in addition to the applicable Rates at the same time and in the same manner as the Rates.
5 REPRESENTATIONS AND WARRANTIES
5.1 To the fullest extent permitted by law, Francois Haasbroek Photography will not be deemed to have given any warranty or representation as to any matter dealt with under these Terms, including any warranties of quality or fitness for a particular purpose, except as expressly stated in these Terms, other than as provided for under the Australian Consumer Law.
6 LIABILITY
6.1 Notwithstanding any other provision of these Terms, to the fullest extent permitted by law, in no circumstances shall Francois Haasbroek Photography be liable to the Customer under contract (including any indemnity), common law, tort, equity, under statute or in restitution for any indirect or consequential losses, or loss of profit, revenue, contract, use, goodwill or reputation or financing costs or increase in operational costs.
6.2 Francois Haasbroek Photography is not liable for any unplanned delays or cancellations due to matters outside its reasonable control, including weather, transportation issues, illness, injury or unforeseen emergency. In the event that Francois Haasbroek Photography is unable to reschedule the session or photographs or files are lost, stolen or destroyed for reasons within Francois Haasbroek Photography’s liability is limited to repayment of any Rates paid.
6.3 At Francois Haasbroek Photography, the safety of our customers is our number one priority and all care will be taken by us. By participating in a photoshoot the Customer agrees that all decisions about physical activities are their own and that they have, if necessary, taken medical advice before participating. Francois Haasbroek Photography accepts no liability for any personal injury suffered by you to the extent permitted by law.
7 INTELLECTUAL PROPERTY
7.1 All photographs and copyrights are the property of Francois Haasbroek Photography. Francois Haasbroek Photography grants the Customer a non-transferable, non-exclusive licence to reproduce any photographs for the purposes of sharing with friends and family only. For the avoidance of doubt, this license does not extend to any commercial exploitation of the photographs without Francois Haasbroek Photography’s express written consent, and any use for the business of monetary gain will constitute an infringement of copyright.
7.2 Francois Haasbroek Photography may use photographs taken in the session for the purposes of display, advertising, portfolio, website or any publication to promote Francois Haasbroek Photography and the Customer releases Francois Haasbroek Photography from all claims and liability relating to Francois Haasbroek Photography’s use of the photographs. Should the Customer not wish for Francois Haasbroek Photography to use the photographs then the Customer can notify Francois Haasbroek Photography at the time of booking.
8 GENERAL
8.1 If any provision of these Terms is determined by any statute or court to be illegal, invalid, void or voidable, the legality and validity of the remainder of these Terms shall not be affected and the illegal, invalid, void or voidable provisions shall be deemed deleted from these Terms to the same extent and effect as if never included, but the remainder of the Agreement shall continue in full force and effect.
8.2 These Terms is governed by the laws of the state of New South Wales and is subject to the non-exclusive jurisdiction of the courts of New South Wales.