Terms and Conditions
Your usage of http://freckles.avikal.com (“The site” hereafter) or http://freckles.avikal.com and all related domains/sites and the services provided herein is governed by these terms.
Please read these Terms carefully. By using this website you are agreeing to our terms and conditions. If you do not agree with these terms, you must not use the site or our services.
Who owns this website?
The site is operated and owned by Avikal, ABN 15 181 938 334.
You must not:
- copy and reproduce content on The site in any format, unless allowed expressively by us.
- try to hack or put a load on our servers/website
- try to breach our security or login in an unauthorised way.
- post any by abusive, hateful or illegal content.
- use any robot, spider, link or similar technology to copy our content or hamper with its functionality.
- use our content for any illegal purpose.
- use web site or services in any ways that breach these terms.
Other websites linked here
The site contains links to other websites controlled by third parties (Third Party Websites). The site is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
The site makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.
Who owns the Intellectual Property
All intellectual rights are owned by The site or Licenced to us by respective owners. Except for viewing the Content for your own personal non-commercial use, The site does not grant you any rights to use The site or Content for any other purpose unless it expressly consents in writing.
Limitation of Liability
The site does not warrant or guarantee:
- the accuracy or completeness of any information available on The site;
- that access to The site will be uninterrupted or error free;
- that any defects will be corrected immediately; or
- that The site will be free from viruses or other contamination.
Except where prohibited by law, The site will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of The site, including the use of any information on it. You use the Internet and The site at your own risk.
The user/customer understands that product photography is susceptible to breakage and wear and tear to the product being photographed. We are not responsible for any breakage or wear and tear that your product may suffer when it is stored, handled or photographed by us. You are supposed to provide us full handling instructions and we will try within our means to take care of your product. The 7 days guarantee does not apply in case the product to be photographed is damaged or is not in suitable condition to be photographed or if the product suffers any damage after its receipt by us. You may need to provide us with a new product to shoot in such situation.
The liability for any product, service or training provided by or bought on this website is limited to the purchase price paid.
Usage of Website and your privacy
The site reserves the right in its absolute discretion to suspend or terminate at any time the access to The site of any user without notice for any reason. The suspension or termination shall not affect either party’s rights or liabilities.
The site may disclose any information we may have about a user in relation to an investigation or allegation that your use of The site is in breach of these Terms, or is in breach of law or other regulation. The site reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
Products and Shop
We sell photography packages for products and other related services.
We guarantee professional photo shoots, however what consider right shoot is our prerogative and we retain full creative freedom. We do not guarantee that the photography will be exactly as per your brief though we will try to adhere to your brief.
Variation to Terms
The site may vary these Terms at any time, and by continuing to use The site you consent to any variations. The site will not notify of these variations and it is your responsibility to regularly check these Terms for any variations.
These Terms are governed by the laws of New South Wales in Australia, and any dispute in relation to these Terms or your access or use of The site will be the exclusive jurisdiction of the Courts of New South Wales.
If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.
Any failure by The site to act or enforce these Terms immediately will not be considered a waiver of The site’ right to take any such action.