WEBSITE TERMS OF USE


INTRODUCTION

Please read these Website Terms of Use carefully. These Website Terms of Use detail your obligations in relation to the use of this website. Should you not agree with any of the following Terms, please do not use this website.

This website with URL address https://www.sarahcphotography.com.au is owned and operated by Sarah Cogdon Photography, ABN 96 347 299 517.

The terms ‘us’ or ‘our’ or ‘we’ or ‘Sarah Cogdon’ refers to Sarah Cogdon Photography, the owner of the website, whose registered office is in Tapping, Western Australia.

Sarah Cogdon provides photography services and related products including USB drives and digital photographs. This website is provided for communication of general information about Sarah Cogdon including viewing examples of Sarah Cogdon’s photographic services.

If you use this website, you do so on the basis that you have read these Website Terms of Use and any related documents and that you accept and agree that you are bound by these Website Terms of Use.


WEBSITE TERMS VARIATION

These Website Terms of Use apply from 3 October 2022.  These Website Terms of Use are subject to amendment from time-to-time and the amended Terms apply from the date these Website Terms of Use are updated.


DISCLAIMER

Sarah Cogdon does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The information available on this website is provided solely for communication of general information about Sarah Cogdon including for the purpose of viewing examples of Sarah Cogdon’s photographic services. You are solely responsible for any actions you take as a result of using the information on this website. You acknowledge and agree that no information or advice provided by us including that contained on this website in any way constitutes professional advice of any nature or creates a warranty of any kind with respect to any information or advice included in this website. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website.


INTELLECTUAL PROPERTY

Sarah Cogdon owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements, or use website content for commercial purposes or commercial gain or in any way exploit any of our website content in whole or in part except as authorised by us in writing.


PERSONAL USE OF WEBSITE MATERIAL

You may access material from this website for your personal use only. Please email info@sarahcphotography.com.au if you require permission to reproduce any of the contents of this website including but not limited to any photos or images for personal use. Sharing or downloading any intellectual property or copyright material from this website for commercial use of any nature, without written permission is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials (including metadata from images or photos) downloaded from this website or any site accessible through this website. Except as we expressly grant to you in writing, we do not grant you any other express or implied right or license to our website content, photos or our intellectual property.


LIMITATION OF LIABILITY

Sarah Cogdon Photography will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website.

 

YOUR COMPLIANCE WITH THE LAW

It is a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Website Terms of Use. You must not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.


PROHIBITED ACTIONS

You agree and must not to hack into any part of this website that is not intentionally made available to you (such as client galleries).

You expressly agree not to:

(a) engage in any internal or external spamming, or other similar actions, or engage in any unlawful or immoral acts, or acts that are in violation of these Website Terms of Use.

(b) decompile, reverse engineer, or try to copy or imitate this website or underlying content use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software

(c) use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing)

(d) use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.


WEBSITE SECURITY

We take reasonable precautions to maintain the security of the Sarah Cogdon Photography website to protect, your personal information, the functionality and integrity of the website, and the conduct of our business. You accept and acknowledge we cannot guarantee the security of the website including our records, or your content. Sarah Cogdon disclaims all liability for any computer virus or technological problems that are beyond our control, or unintentionally caused by us. It is suggested You install and maintain current security software on your computer to protect your computer and data from any negative occurrence as a result of accessing this website.


WEBSITE AVAILABILITY

This website is hosted by a third-party service provider and as a result from time to time the website may not be able to be accessed.


INDEMNITY

You are liable for, and indemnify Sarah Cogdon Photography, on a full indemnity basis (including legal costs) from and against all claims, damages, liabilities, losses, costs, or expenses related to:

(a) your unauthorised use of this website;

(b) your breach of these Website Terms of Use; or

(c) unlawful use of this website by a third party.

Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Website Terms of Use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.



VALIDITY

If any provision included in these Website Terms is unenforceable, unlawful, void or voidable it will be severed from this agreement and replaced with a valid and enforceable provision that most closely matches the intent of the original provision and the remaining provisions of this agreement continue in force.