By accessing and using the Go Photo website you agree to be bound by the following conditions:
1. About this website
Go Photo Pty Ltd (“Go Photo”) http://www.gophoto.com.au
3. Your access/use implies agreement
4. Modifications to the Terms
5. Modifications to the information
Go Photo does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Go Photo.
6. Errors and problems
Go Photo does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
7. License and Ownership
The copyright for the content on this website is owned or licensed by Go Photo and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Go Photo.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Go Photo.
9. Feedback, suggestions, comments or requests
Go Photo encourages you to make feedback, suggestions, comments or requests (“comments”) either directly within comment-enabled content or via email to email@example.com. If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Go Photo is under no obligation to keep such information confidential, and Go Photo will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Go Photo. Go Photo makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Go Photo may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Go Photo website.
10. Inbound links
Go Photo generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Go Photo. However, linking to any other page of the website is strictly prohibited, without express written permission from Go Photo.
The website is primarily intended for use only by Australian residents. The law applicable to use of the webiste and to disputes arising out of the website is the law of the State of Queensland. To the fullest extent permitted by law, the law applicable to use of the website by non-Australian residents and to disputes arising out of the website by non-Australian residents is the laws of the State of Queensland Australia.
12. Disclaimer of Warranties
Go Photo makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If Go Photo is found responsible for any damages, Go Photo is responsible for actual damages only. In no event shall Go Photo, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
14.General Conditions of Sale
The following Conditions of Sale shall apply to any event, workshop, tour or excursion (the “Product”) sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Go Photo with respect to the subject matter hereof.
a. The Products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The Products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Go Photo that you are able to make a legally binding contract.
b. Your order is an offer by you to purchase a particular Product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
c. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
d. Go Photo reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the Product description or the price posted on the website, the availability of the Product , or an error in your order. Your contract with Go Photo only comes into existence when Go Photo forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery or bookings.
e. This contract shall be governed by and construed in accordance with the law in effect in the State of Queensland and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Queensland in relation to any dispute between them.
f. You shall within seven (7) days give notice to Go Photo if the Product you received were not in accordance with specified requirements. If you fail to give such notice, the Product shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Go Photo within seven (7) days after receipt of services by you. The total amount of any claim shall not exceed the actual invoice value of the Product claimed to be faulty.
g. Go Photo shall not be responsible for non-delivery or delay in delivery of any Products caused by force majeure and you and Go Photo shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the services is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to commencement of an event, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
h. You assume all risks and liabilities for consequences arising from participation in a Course, Workshop, Tour or Excursion and indemnify Go Photo in respect of any such participation.
i. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Go Photo implied by the Goods Act, 1958.