Terms of Service
Links to other websites
This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control (‘Linked Sites’). In relation to the other sites on the Internet, which are linked to the Website, we: a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the site; b) have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them; and c) are not responsible for the material contained on those Linked Sites.
While using this Website, you must not: a) contravene any applicable law or regulation; b) use this website for any unlawful purpose; c) impersonate any person or entity; d) harm, abuse, harass, stalk, threaten or otherwise offend any person; e) commit or encourage a criminal offense; f) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; g) hack into any aspect of the website; h) corrupt data or cause annoyance to other users; i) infringe upon the rights of any other person’s proprietary rights; j) send any unsolicited advertising or promotional material, commonly referred to as “spam”; k) attempt to affect the performance or functionality of any computer facilities of or accessed through this website; and l) modify or copy the layout of this website or any computer software and code contained in this website.
Breaching this provision may constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website to your downloading of any material posted on it, or on any Linked Sites.
Uploading information or material to the Website
You represent and warrant in relation to any material or information you provide to the Website that: a) you are authorised to provide the material or information; b) the material or information is not defamatory, offensive, threatening, abusive, pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; c) the material does not present or create a privacy or security risk to any person or corporation; d) the material does not contain any legal, financial or other professional advice; e) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation; f) the material or information does not infringe any intellectual property right including, but not limited to, copyright images, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and g) the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.
Intellectual property rights
All logos, icons, brand names, service names, trade marks, designs or other material that identifies the owner and operator of this Website is our intellectual property.
All other intellectual property rights in the software, content or material made available to you on or through this Website remains the property of their respective owners and are protected by copyright, trademark and all other relevant laws. You must obtain written permission before reusing any copyrighted material that is published on this Website or software.
You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site or software in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.
Any unauthorised use of the materials appearing on this Website or software may violate copyright, trade mark and other intellectual property rights or legal protections and could result in criminal or civil penalties. We will not be held liable for any unauthorised use of material which violates any copyright, trade mark or any other intellectual property rights or legal protections.
Licence to use intellectual property
When uploading, posting, transmitting or in any other way making material (‘Your Content’) available on the Website or software, you: a) grant to us a perpetual, non-exclusive, irrevocable and payment-free licence throughout the world to reproduce, use, exploit and otherwise deal with Your Content , to the fullest extent permitted by law in any jurisdiction in which the Website or software is available to users; and b) represent and warrant that you have the appropriate right and title to upload, post, transmit or otherwise make Your Content available on the Website and have all necessary rights to grant us a licence as referred to above.
While we try to offer reliable data, we cannot promise that the reproduction of Your Content on the Website will always be accurate and up-to-date, and you agree not to hold us responsible for any inaccuracies.
In circumstances where we seek to reproduce, use and exploit Your Content , we will endeavour to illustrate that such content is attributed to you by referencing identification details such as, but not limited to, your username or business name, profile picture, photo title, descriptions, tags or any other relevant information as provided to us by you.
Removal or loss of material and information
We may remove any material or information (including without limitation Your Content) on the Website at any time without giving any explanation or justification for removing the material or information.
Limitation of liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website, or on any Linked Sites is provided without any guarantees, conditions or warranties as to: a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites; and b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any Linked Sites.
To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of: a) you acting, or failing to act, on any information contained on or referred to on the Website or any of the Linked Sites; b) you using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any Linked Sites; c) us removing any material or information (including Your Content) from this Website; and d) or in connection with any material or information supplied in respect of advertising on this Website.
We do not warrant, guarantee or make any representation that: a)the Website or the server that makes the Website available on the Internet are free of software viruses; b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and c) errors and defects in the Website will be corrected.
We are not liable to you for: a) errors or omissions in the Website, or Linked Sites on the Internet; b) delays to, interruptions of or cessation of the Services provided in the Website or Linked Sites; and c) defamatory, offensive or illegal conduct of any user of the Website, or whether caused through our negligence or the negligence of our employees, independent contractors or agents, other users of the Website or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Indemnity and release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such a dispute.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation.
Any trade marks or names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
Use of personal information gathered
We and any people or legal entities authorised by us may gather and process the personal information: a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
We may authorise others to offer you goods and services using the information acquired, as described above.
Accounts and Fees
Our Website provides certain users with the ability to securely deliver, share, offer for sale and exhibit images to other users online through our client gallery service. In order to utilse this service, fees and charges will apply. You can access our range of our subscription options available here [link].
All users (whether paid subscription users or otherwise) will be required to create an account to access and utilse the products and services available on our Website, except where an external link by a paid subscription user has been provided for the purposes of viewing an online gallery only.
You must keep confidential your account information (including your account username, security questions and password).
You warrant that all data provided by you to create and maintain your account with us is accurate and up to date.
You warrant that the details of any bank account, credit card details and/or any alterative payment method you provide to us are accurate and up to date. You provide us with authority to deduct any subscription fees or charges payable by you to utlise our services in accordance with the terms of the subscription option selected by you.
Your subscription will automatically renew at the end of each billing period for the same duration as the original term unless the subscription is terminated or cancelled by you prior to the end of the subscription term.
We may at our discretion, either cancel, suspend or terminate your subscription with us, if we are unable to process payment of any subscription fees or charges due to incorrect or outdated payment details, insufficient funds or otherwise any error on your behalf preventing the due payment of any subscription fees or charges payable by you in order to utlise our services.
If your account is cancelled or terminated, any material and information uploaded by you to your account may be removed and permanently deleted (including but not limited to, Your Content, any writing or images you have uploaded to the Website and/or software, or any end user data collected during your usage of the Website and/or software). We will not be held liable for any loss or damage suffered as a result of any account cancellation.
All material and information provided by you to create your account or register for any subscription is provided at your own risk. We will not be held liable for any loss or damage suffered as a result of any user, third-party hacker or individual illegally gaining access to your account, account information, Your Content and/or payment details.
Third party transactions
While we endeavour to maintain a safe trading environment you accept that there are sometimes risks when trading online and using our Website.
You acknowledge that we are not an auctioneer and that our Website is a forum to allow anyone to offer, sell, and buy certain products, at any time, from anywhere, in a variety of pricing formats and locations.
We are not a party to any sales transaction between buyers and sellers that occurs on this Website. We have no control over and to the fullest extent permitted by law, do not guarantee the quality, safety or legality of products or services advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items or services, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.
When you enter into a transaction you create a legally binding contract with another user and you must comply with your legal obligations to that other member, including any laws relevant to you as a buyer or seller. If another user breaches any obligation to you, it is you – not us – who is responsible for enforcing any rights that you may have.
If you are required to collect, use or otherwise deal with another user’s personal information to process a transaction on our Website, you unconditionally and irrevocably agree to handle any such personal information in accordance with the Australian Privacy Principles.
Termination of access
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.