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information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Kelly Munce and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer

Your personal information may be transferred to recipients located in United States of America. United States of America has data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: sniff@heartdogs.com.au

Privacy policy

This Privacy Policy applies to all personal information collected by Heart Dogs - Photography by Kelly Munce via the website located at kellymuncephotography.com.au.

What is "personal information"?

The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and

whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.

What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: email address name phone number address.

How we collect your personal information

We may collect personal information from you whenever you input such information into the website.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

Purpose of collection

The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Kelly Munce and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer

Your personal information may be transferred to recipients located in United States of America. United States of America has data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: sniff@heartdogs.com.au



 

This Privacy Policy applies to all personal information collected by Heart Dogs - Photography by Kelly Munce via the website located at kellymuncephotography.com.au.

What is "personal information"?

The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and

whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.

What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: email address name phone number address.

How we collect your personal information

We may collect personal information from you whenever you input such information into the website.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

Purpose of collection

The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such



 

Website Terms & Conditions of Use

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

Heart Dogs - Photography by Kelly Munce will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Heart Dogs - Photography by Kelly Munce make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Heart Dogs - Photography by Kelly Munce) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the Services or any of the products of Heart Dogs - Photography by Kelly Munce; and

the Services or operation in respect to links which are provided for your convenience.

Limitation of liability

Heart Dogs - Photography by Kelly Munce's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Heart Dogs - Photography by Kelly Munce, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Heart Dogs - Photography by Kelly Munce as set out below.

If you want to terminate the Terms, you may do so by:

providing Heart Dogs - Photography by Kelly Munce with days' notice of your intention to terminate; and

closing your accounts for all of the services which you use, where Heart Dogs - Photography by Kelly Munce has made this option available to you.

Your notice should be sent, in writing, to Heart Dogs - Photography by Kelly Munce via the 'Contact Us' link on our homepage.

Heart Dogs - Photography by Kelly Munce may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;

Heart Dogs - Photography by Kelly Munce is required to do so by law;

the provision of the Services to you by Heart Dogs - Photography by Kelly Munce is, in the opinion of Heart Dogs - Photography by Kelly Munce, no longer commercially viable.

Subject to local applicable laws, Heart Dogs - Photography by Kelly Munce reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Heart Dogs - Photography by Kelly Munce's name or reputation or violates the rights of those of another party.

Indemnity 

You agree to indemnify Heart Dogs - Photography by Kelly Munce, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the The Law Society of NSW Mediation Program or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 

The mediation will be held in NSW, Australia.

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Heart Dogs - Photography by Kelly Munce is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 


 

About the Website

Welcome to kellymuncephotography.com.au (Website). The Website Dog & Family Photography (Services).

The Website is operated by Heart Dogs - Photography by Kelly Munce(ABN 21 483 265 084). Access to and use of the Website, or any of its associated Products or Services, is provided by Heart Dogs - Photography by Kelly Munce. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Heart Dogs - Photography by Kelly Munce reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Heart Dogs - Photography by Kelly Munce updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Heart Dogs - Photography by Kelly Munce in the user interface.

Registration to use the Services

In order to access the Services, you must first register for an account through the Website (Account).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Mailing address
Telephone number
Full Name

You warrant that any information you give to Heart Dogs - Photography by Kelly Munce in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Heart Dogs - Photography by Kelly Munce; or

you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:

the Terms; and

any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Heart Dogs - Photography by Kelly Munce of any unauthorised use of your password or email address or any breach of security of which you have become aware;

access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Heart Dogs - Photography by Kelly Munce providing the Services;

you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Heart Dogs - Photography by Kelly Munce;

you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Heart Dogs - Photography by Kelly Munce for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Payment

Where the option is given to you, you may make payment for the Services (Services Fee) by way of:

Electronic funds transfer (EFT) into our nominated bank account

All payments made in the course of your use of the Services are made using Direct Deposit. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Direct Deposit terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that Heart Dogs - Photography by Kelly Munce can vary the Services Fee at any time.

Refund Policy

Heart Dogs - Photography by Kelly Munce will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Heart Dogs - Photography by Kelly Munce makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

Copyright and Intellectual Property

The Website, the Services and all of the related products of Heart Dogs - Photography by Kelly Munce are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Heart Dogs - Photography by Kelly Munce or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Heart Dogs - Photography by Kelly Munce, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your device's cache memory; and

print pages from the Website for your own personal and non-commercial use.

Heart Dogs - Photography by Kelly Munce does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Heart Dogs - Photography by Kelly Munce.

Heart Dogs - Photography by Kelly Munce retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Heart Dogs - Photography by Kelly Munce and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Heart Dogs - Photography by Kelly Munce takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Heart Dogs - Photography by Kelly Munce's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
 

 

 

About the Website

Welcome to kellymuncephotography.com.au (Website). The Website Dog & Family Photography (Services).

The Website is operated by Heart Dogs - Photography by Kelly Munce(ABN 21 483 265 084). Access to and use of the Website, or any of its associated Products or Services, is provided by Heart Dogs - Photography by Kelly Munce. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Heart Dogs - Photography by Kelly Munce reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Heart Dogs - Photography by Kelly Munce updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Heart Dogs - Photography by Kelly Munce in the user interface.

Registration to use the Services

In order to access the Services, you must first register for an account through the Website (Account).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Mailing address
Telephone number
Full Name

You warrant that any information you give to Heart Dogs - Photography by Kelly Munce in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Heart Dogs - Photography by Kelly Munce; or

you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:

the Terms; and

any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Heart Dogs - Photography by Kelly Munce of any unauthorised use of your password or email address or any breach of security of which you have become aware;

access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Heart Dogs - Photography by Kelly Munce providing the Services;

you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Heart Dogs - Photography by Kelly Munce;

you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Heart Dogs - Photography by Kelly Munce for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Payment

Where the option is given to you, you may make payment for the Services (Services Fee) by way of:

Electronic funds transfer (EFT) into our nominated bank account

All payments made in the course of your use of the Services are made using Direct Deposit. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Direct Deposit terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that Heart Dogs - Photography by Kelly Munce can vary the Services Fee at any time.

Refund Policy

Heart Dogs - Photography by Kelly Munce will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Heart Dogs - Photography by Kelly Munce makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

Copyright and Intellectual Property

The Website, the Services and all of the related products of Heart Dogs - Photography by Kelly Munce are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Heart Dogs - Photography by Kelly Munce or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Heart Dogs - Photography by Kelly Munce, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your device's cache memory; and

print pages from the Website for your own personal and non-commercial use.

Heart Dogs - Photography by Kelly Munce does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Heart Dogs - Photography by Kelly Munce.

Heart Dogs - Photography by Kelly Munce retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Heart Dogs - Photography by Kelly Munce and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Heart Dogs - Photography by Kelly Munce takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Heart Dogs - Photography by Kelly Munce's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
 
Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

Heart Dogs - Photography by Kelly Munce will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Heart Dogs - Photography by Kelly Munce make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Heart Dogs - Photography by Kelly Munce) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the Services or any of the products of Heart Dogs - Photography by Kelly Munce; and

the Services or operation in respect to links which are provided for your convenience.

Limitation of liability

Heart Dogs - Photography by Kelly Munce's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Heart Dogs - Photography by Kelly Munce, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Heart Dogs - Photography by Kelly Munce as set out below.

If you want to terminate the Terms, you may do so by:

providing Heart Dogs - Photography by Kelly Munce with days' notice of your intention to terminate; and

closing your accounts for all of the services which you use, where Heart Dogs - Photography by Kelly Munce has made this option available to you.

Your notice should be sent, in writing, to Heart Dogs - Photography by Kelly Munce via the 'Contact Us' link on our homepage.

Heart Dogs - Photography by Kelly Munce may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;

Heart Dogs - Photography by Kelly Munce is required to do so by law;

the provision of the Services to you by Heart Dogs - Photography by Kelly Munce is, in the opinion of Heart Dogs - Photography by Kelly Munce, no longer commercially viable.

Subject to local applicable laws, Heart Dogs - Photography by Kelly Munce reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Heart Dogs - Photography by Kelly Munce's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Heart Dogs - Photography by Kelly Munce, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the The Law Society of NSW Mediation Program or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in NSW, Australia.

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Heart Dogs - Photography by Kelly Munce is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.


 

 

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