TERMS & CONDITIONS
1. Application of Terms
By viewing and using this website (https://www.zestphotography.com.au/) (Website) and its information you are agreeing to the terms and conditions identified in this document.
2. Zest Photography Terms and Conditions of Sale
All purchases made from Zest Photography are and will be subject to Zest Photography’s terms and conditions of sale.
3. Gift Vouchers
You acknowledge and agree that gift vouchers (whether issued by Zest Photography or otherwise):
· are only valid for new orders and cannot be used to purchase products from or relating to photography sessions which took place prior to date of issue of the gift voucher;
· are not transferable or exchangeable;
· are non-refundable;
· are not redeemable for cash;
· are not redeemable for wedding or commercial services; and
· cannot to be used in conjunction with any other promotional or discount offer - only one gift voucher or promotional discount may be used at a time.
All gift vouchers will expire on the date issued on the gift voucher, following which they can no longer be redeemed. Lost gift voucher certificates will not be replaced if lost, stolen or damaged.
Redemption of gift voucher certificates is subject to Zest Photography’s studio availability and other bookings.
Terms and conditions relating to gift vouchers may be varied by Zest Photography at Zest Photography’s absolute discretion without notice.
4. Cancellations
If you cancel or fail to attend an appointment with Zest Photography, any deposit or holding fee you may have paid will be forfeited to Zest Photography absolutely. Any gift voucher that you may have presented for redemption for the appointment will be deemed to have been fully used.
5. Sale of Digital Images
Zest Photography do not sell digital photos individually. Zest Photography specialise in gallery quality printed artwork which can be purchased during your design consultation. All purchased products you will receive a fully edited, digital copy of those photos you have purchased at the same metric size, to keep for your archive and to share online.
6. Storage of Digital Images
Zest Photography has no control over the environment in which the digital photographs are kept. All digital photos that are stored on digital devices are at the risk of being exposed to external and internal elements that may damage and/or destroy the images.
7. Accuracy of Website Content and Liability
Zest Photography has taken all reasonable care in providing the information on this Website. However, Zest Photography cannot guarantee the accuracy of such information. You agree that Zest Photography will not be liable for any loss or damage you may suffer in relation to or arising out of your use of the information on this Website.
All information contained on this Website (including, without limit, product descriptions and statements) has been provided for convenience and by way of general information and comment only. You acknowledge and agree that Zest Photography makes no representations and gives no warranties:
· in respect of any of the information contained on this Website; or
· as to the working order, condition, or fitness for purpose of any goods, services or products shown or displayed on this Website.
You acknowledge and agree that it is your responsibility to properly investigate and satisfy yourself as to the accuracy of information contained on this Website and the suitability of any goods, services or products shown on this Website.
8. Use of Website
This Website is available for your use on acceptance and compliance of these terms and conditions. By viewing and using this Website you agree to use this Website in accordance with all applicable laws.
You are responsible for maintaining your passwords and log in details and ensuring they remain confidential.
You agree to indemnify Zest Photography and hold Zest Photography harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of any and every kind and nature incurred by you or any third parties through you.
9. Intellectual Property and Copyright
All copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on this Website or in connection with any goods, services or products provided by Zest Photography vests with Zest Photography. You must not use or replicate Zest Photography’s copyright material other than as permitted by law. Specifically, you must not use or replicate Zest Photography’s copyright material for commercial purposes unless expressly agreed to in writing by Zest Photography.
10. External Links
This Website may contain links that direct you to websites external to this Website (Links). The Links are provided for your convenience and are not an express or implied indication of any endorsement or approval of the linked website, its contents or any associated website, product or service. You agree that Zest Photography will not be liable for any loss or damage you may suffer as a result of your use of the Links.
11. Collection of Information
Use of information you have provided Zest Photography with, or that Zest Photography has collected and retained relating to your use of either or both this Website and Zest Photography’s goods, services and products, is governed by Zest Photography’s Privacy Policy. By using this Website, you agree to the policies and terms contained in Zest Photography’s Privacy Policy.
12. Confidentiality
All personal information you give us will be handled in a confidential manner in accordance with Zest Photography’s Privacy Policy. However, due to circumstances beyond Zest Photography’s control, Zest Photography cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Western Australia.
Zest Photography reserves the right to bring proceedings against you for breach of these terms and conditions, in any one or more of your country of residence and any other appropriate country or jurisdiction.