1.              APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing Vue Digital Pty Ltd (‘our/the website’).

This website is owned and operated by Vue Digital Pty Ltd ABN 72 655 787 910 ​(‘we/our/us’).

By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

2.              COLLECTION AND USE OF PERSONAL INFORMATION

You may need to provide personal information to book through our website. When you book you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available below and the applicable law.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

(a)             how we store and use, and how you may access and correct your personal information;

(b)            how you can lodge a complaint regarding the handling of your personal information; and

(c)             how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

3.              PRODUCTS AND SERVICES

We offer for sale all services listed on our website.

We reserve the right to amend the range and prices of our products at any time.

All services are subject to availability. We will inform you as soon as possible if the services you have ordered is not available.

4.              PAYMENT

We accept payment via the following payment methods:

(a)             Paypal;

(b)            Electronic funds transfer (bank transfer);

(c)             selected credit cards such as Mastercard, Visa and American Express; and

(d)            Afterpay.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

Until we have invoiced our professional fee neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding agreement where by we are committed to grant reproduction rights and you acquire them. If after such invoicing but before payment you request cancellation of the reproduction rights we may in our discretion cancel subject to you paying a cancellation fee.

Your right to reproduce a image arises only when our invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this agreement entitling us to rescind the agreement and rendering you liable for the payment of damages.

If payment is not made in accordance with the terms specified on our invoice, then we may rescind the agreement and recover damages.

Our trading terms are strictly 14 days. Any late payments will attract interest at the rate of 2% per calendar month on the outstanding balance until payment is made in full. Interest is calculated daily and compounded monthly.

We reserve the right to suspend ongoing services, such as (but not limited to) the downloadable Web Page or other distribution of images, once any invoice issued to you becomes overdue, and also reserve the right to inform the reason of this to third parties to whom this suspension of service affects.

5.              COLOUR REPRODUCTION

We make every effort to display as accurately as possible the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.

6.              REFUNDS AND RETURNS

We do not accept returns or provide refunds for change of mind.

Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

7.              INTELLECTUAL PROPERTY AND LICENSING

In accordance with our individualised scope of work, the following licenses apply to our Services:

(a)   Restricted use license; and/or

(b)   Specific use license.

If we grant you a restricted use license, you agree that you will only use the Images as directed by us including as to whether reproductions are allowed, whether and if so the number of reprints allowed and the kinds of uses to which the Images may be put.

If we grant you a specific use license, you agree that you are only permitted to use the Images for that agreed and specified use and for no other purpose. 

Our website and its content including our services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

The entire copyright in the images is retained by us.

We supply the technical and artistic ability to illustrate an idea photographically, and sell the right to reproduce those images in a given context.

We assert both the moral and legal right to be identified as the author of all work performed.

Unless otherwise agreed in writing, if any Image or Reproduction is utilised or reproduced by, for or on your behalf for anything other than the specific Services we agree to provide to you as quoted, you agree to pay us on demand an amount representing 25% of the fees charged to you for the Services. You acknowledge that this amount represents a genuine pre-estimate of the damages we would suffer for breach of our rights and is not a penalty.

Unless otherwise specified, the copyright notice should read “© Vue Digital Pty Ltd”.

8.              BOOKING CANCELLATIONS AND RESCHEDULING

Once you have made a booking for a specific time and date, we will not accept any other work from other Clients for the specific times and dates for the assigned Photographer.

Once a booking is made, if it is subsequently cancelled, a cancellation fee can be charged to you at the discretion of the assigned Photographer.

If the cancellation is within one (1) week of the confirmed date, the cancellation fee will be 50% of the rate for the time booked onsite.

If the cancellation is within forty-eight (48) hours of the confirmed date, the cancellation fee will be 100% of the rate for the time booked onsite.

In addition to this cancellation fee, you will be charged for any expenses already incurred by us.

If we attend a site at a scheduled time and at that time the site is not suitable due to a lack of site preparation, you agree to pay a fee equivalent to 25% of the total shoot amount if we are required to reschedule the booking date/time. This fee will be applied each time a rescheduling occurs due to inadequate site preparation. Additional fees will also be applied if we are required to prepare the site and/or restore the site in anticipation of Services to be performed by us.

9.              DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

It is imperative that all Vue Digital Pty Ltd products and services are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, we do not accept any liability for, and are not responsible for, any damage, loss or injury caused by the use or misuse of our products and services.

You agree to indemnify us and hold us harmless from any loss, damage, expense or claim that we may suffer due to your use of our intellectual property rights contrary to these terms, and any breach by you of these terms. Our liability is limited to the hire of the following amounts:

(a)        in the case of services supplied or offered by us, the supply of the services again or the payment of the cost of having the services supplied again; and

(b)        in the case of goods supplied or offered by us, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring the equivalent goods, or the payment of the cost of having the goods repaired.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

10.              SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

11.              GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

12.              KEY DEFINITIONS

Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction.

Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

13.              BANKRUPTCY OR DEATH

On your death or in the event of bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, we may at any time thereafter inspect any records, accounts and books relating to the reproduction of its images to ensure that the images are being used only in accordance with the reproduction rights granted to you.

14.              PHOTOGRAPHER’S RESPONSIBILITIES

Our assigned photographer hereby agrees to perform photographic services for you at the event specified in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Our photographer may employ one or more assistants. Our photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the specified event. Our photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by you because of our photographer’s lack of control over the event, its participants, weather, and any rules or restrictions of the venue or official conducting the event.

If our photographer is exposed to:

(i)              unsafe conditions, or

(ii)             objectionable or illegal acts at the event;

Our photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the event. In such event, our photographer shall not be obligated to refund any of the fees paid by you because of such action.

15.              TERM

The term of this agreement shall commence upon the execution of this agreement, and shall terminate upon our photographer’s delivery of the final, approved album layout (“Album”) to you, unless terminated earlier as provided herein.

16.              PRICE PROTECTION

We warrant all prices quoted are valid for a period of three (3) months following the quotation. Orders placed after such period are subject to our published pricing at the time of the new order’s placement.

17.              JURISDICTION

The state and federal courts serving Queensland, Australia shall have exclusive jurisdiction over disputes arising from this agreement, and both parties here to consent to the jurisdiction of such courts.

18.              FORCE MAJEURE

If Photographer is unable to attend an event due to (but not limited to):

(a)    Fire;

(b)   Flood;

(c)    Casualty;

(d)   Strike;

(e)   civil disturbance;

(f)    war;

(g)   terrorism;

(h)   Photographer’s sickness;

(i)     or other circumstances beyond the parties’ control;

then Photographer shall return all money paid by Client (including any retainer), and this agreement shall immediately terminate unless otherwise agreed upon.