kathryn hayes photography

Privacy Policy/Terms and Conditions

Privacy Policy

 A Garden Tells A Story

Our website address is: www.kathrynhayesphotography.com.au

1. We respect your privacy
(a) Kathryn Hayes  respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

(b) "Personal information" is information we hold which is identifiable as being about you.

2. Collection of personal information
(a) Kathryn Hayes  will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you fill out contact forms, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(c) Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information
(a) Kathryn Hayes  collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information
(a) Kathryn Hayes may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

(b) Kathryn Hayes  may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Kathryn Hayes Photography, www.kathrynhayesphotography, its customers or third parties.

(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to the United States of America, United Kingdom, Canada.

(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information
(a) Kathryn Hayes  is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us by clicking here.

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy
(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to kathryn@kathrynhayesphotography.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website
(a) When you visit our website
When you come to our website (www.kathrynhayesphotography.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Kathryn Hayes Photography is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

(d) Embedded Content From Other Websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Website Terms and Conditions

1. About the Website 

(a) Welcome to www.kathrynhayesphotography.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various services and products that have been listed for sale through the Website (the 'Products’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). 

(b) The Website is operated by Kathryn Hayes. Access to and use of the Website, or any of its associated Products or Services, is provided by Kathryn Hayes. Please read these terms and conditions (the '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.

(c) Kathryn Hayes reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kathryn Hayes 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. 

 2. Acceptance of the Terms 

(a) You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kathryn Hayes in the user interface.

 3. Subscription to use the Services

(a) In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use. 

(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account'). 

(d) 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 but not limited to, the following: (i) Email address; (ii) Preferred username; (iii) Mailing address; (iv) Telephone number; (v) Password. 

(e) You warrant that any information you give to Kathryn Hayes in the course of completing the registration process will always be accurate, correct and up to date.

(f) 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. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Kathryn Hayes; or
(ii) 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.


4. Registration to use the Purchase Service

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to, the following:
(i) Email address;
(ii) Preferred username;
(iii) Mailing address;
(iv) Telephone number;
(v) Password.

(b) You warrant that any information you give to Kathryn Hayes in the course of completing the registration process will always be accurate, correct and up to date.

(c) 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. As a Member you will be granted immediate access to the Purchase Services. 

(d) You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Kathryn Hayes; or
(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 5. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: 

(i) the Terms; 

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

(iii) 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 Purchase Services; 

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kathryn Hayes of any unauthorised use of your password or email address or any breach of security of which you have become aware; 

(v) 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 Kathryn Hayes providing the Purchase Services; 

(vi) you will not use the Purchase 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; 

(vii) 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 Purchase Services. Appropriate legal action will be taken by Kathryn Hayes for any illegal or unauthorised use of the Website; and 

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

 6. Purchase of Products and Returns Policy 

 (a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

 (b) Payment of the Purchase Price may be made through third party websites including but not limited to Shopify and Pay Pal (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

 (c) Following payment of the Purchase Price being confirmed by Kathryn Hayes, you will be issued with a receipt to confirm that the payment has been received and Kathryn Hayes may record your purchase details for future use. 

(d) Kathryn Hayes may, at their sole discretion, provide a refund on the return of the Products within 5 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any handling, administrative, postage and shipping costs associated with any refund pursuant to this clause. 

 7 Payment for the Service and Returns Policy 

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

(i) Electronic funds transfer ('EFT ') into our nominated bank account;
(ii) Credit Card Payment ('Credit Card'); 
(iii) PayPal ('PayPal'); (iv) Cash ('Cash'); (v) Cheque ('Cheque').
(vi) Third Party Payment Providers

 (f) All payments made in the course of your use of the Services are made using third parties including but not limited to Shopify and Pay Pal. In using the Websites, 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 third party terms and conditions which are available on their website. 

(g) You acknowledge and agree that where a request for the payment of the Subscription 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 Subscription Fee. 

(h) You agree and acknowledge that Kathryn Hayes can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

(i) Kathryn Hayes will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Kathryn Hayes makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund') 

8 Warranty

a. Kathryn Hayes's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty '). 

 b. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 7 days from the date of purchase (the 'Warranty Period').

c. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Kathryn Hayes showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Kathryn Hayes at PO Box 5119, Bentleigh East, Victoria 3165 or click here to contact by email

d. Where the Warranty Claim is accepted then Kathryn Hayes will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. 

 e. The Warranty shall be the sole and exclusive warranty granted by Kathryn Hayes and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. 

 f. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. 

g. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. 

 9 Delivery 

 a. You acknowledge that the Purchase Services offered by Kathryn Hayes integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the Delivery Service Providers).

 b. In providing the Purchase Services, Kathryn Hayes may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Kathryn Hayes is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. 

 c. In the event that an item is lost or damaged in the course of the Delivery Services, Kathryn Hayes asks that you:
 i. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
 ii. contact us by sending an email to info@kathrynhayesphotography.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 10 Copyright and Intellectual Property
 a. The Website, the Purchase Services and all of the related products of Kathryn Hayes 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Kathryn Hayes or its contributors.

 (b) Kathryn Hayes retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

 (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Kathryn Hayes; or 

 (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 

 (c) You may not, without the prior written permission of Kathryn Hayes 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. You may not, without the prior written permission of Kathryn Hayes and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, print, download, distribute, show or play in public, adapt or change in any way the image of children/clients on this website.

(d) All trade marks, service marks and trade names are owned, registered and/or licensed by Kathryn Hayes, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

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

(iii) print pages from the Website for your own personal and non-commercial use. Kathryn Hayes does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kathryn Hayes. 

11 Privacy 

 a. Kathryn Hayes takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Kathryn Hayes's Privacy Policy, which is available on the Website. 

 12 General Disclaimer

(a) You acknowledge that Kathryn Hayes does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. 

(b) Kathryn Hayes will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 

(c) Nothing in these 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. 

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

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Kathryn Hayes 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

(e) Use of the Website, the Purchase Services, and any of the products of Kathryn Hayes (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Kathryn Hayes, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Kathryn Hayes including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Kathryn Hayes) 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: 

 (i) 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; 
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); 
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience; 
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

 13 Limitation of liability 

 a. Kathryn Hayes's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Kathryn Hayes is the resupply of information or Purchase Services to you.

 b. You expressly understand and agree that Kathryn Hayes, its affiliates, employees, agents, contributors, third party content providers 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. 

 c. Kathryn Hayes is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Kathryn Hayes, by third parties or by any of the Purchase Services offered by Kathryn Hayes. d. You acknowledge that Kathryn Hayes does not provide the Delivery Services to you and you agree that Kathryn Hayes will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

14 Termination of Contract of Subscription

(a) The Terms will continue to apply until terminated by either you or by Kathryn Hayes as set out below. 

 (b) If you want to terminate the Terms, you may do so by: i not renewing the Subscription prior to the end of the Subscription Period; ii providing Kathryn Hayes with 5 days' notice of your intention to terminate; and iii closing your accounts for all of the services which you use, where Kathryn Hayes has made this option available to you. Your notice should be sent, in writing, to Kathryn Hayes via the 'Contact Us' link on our homepage. 

(c) Kathryn Hayes may at any time, terminate the Terms with you if:

(i) you do not renew the Subscription at the end of the Subscription Period;
(ii)  you have breached any provision of the Terms or intend to breach any provision;
(iii) Kathryn Hayes is required to do so by law;
(iv) the provision of the Services to you by Kathryn Hayes is, in the opinion of Kathryn Hayes, no longer commercially viable. Your notice should be sent, in writing, to Kathryn Hayes via the 'Contact Us' link on our homepage

(d) Subject to local applicable laws, Kathryn Hayes 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 Kathryn Hayes's name or reputation or violates the rights of those of another party 

 15 Termination of Contract of purchasing product

 (a) The Terms will continue to apply until terminated by either you or by Kathryn Hayes as set out below.

 (b) If you want to terminate the Terms, you may do so by:
 (i) notifying Kathryn Hayes at any time; and
 (ii) closing your accounts for all of the Purchase Services which you use, where Kathryn Hayes has made this option available to you.

(c) Your notice should be sent, in writing, to Kathryn Hayes via the 'Contact Us' link on our homepage.

(d) Kathryn Hayes may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Kathryn Hayes is required to do so by law;
(iii) the partner with whom Kathryn Hayes offered the Purchase Services to you has terminated its relationship with Kathryn Hayes or ceased to offer the Purchase Services to you;
(iv) Kathryn Hayes is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or the provision of the Purchase Services to you by Kathryn Hayes is, in the opinion of Kathryn Hayes, no longer commercially viable.

(e) Subject to local applicable laws, Kathryn Hayes reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Kathryn Hayes's name or reputation or violates the rights of those of another party.

 (f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Kathryn Hayes have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

 16 Indemnity

(a) You agree to indemnify Kathryn Hayes, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms. 

 17 Dispute Resolution 

 (a) 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). 

 (b) 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. 

(c) Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 5 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; 
(ii) If for any reason whatsoever, 5 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 TBC or his or her nominee;
(iii) 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;
(iv) The mediation will be held in TBC, Australia.

(d) 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. 

(e) Termination of Mediation: If 14 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. 

18 Venue and Jurisdiction 

a. The Purchase Services offered by Kathryn Hayes 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 Victoria, Australia. 

19 Governing law 

 a. The Terms are governed by the laws of Victoria, 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 Victoria 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. 

 20 Independent Legal Advice

a. 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. 

 21 Severance

 (a) 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. 

 22 Links and Third-Party Websites

This Site may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the content of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions for such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such third-party website or resource.

23 Photography Portrait Sessions Additional Terms and Conditions

(a) Bookings are made by the Client via Kathryn Hayes Photography Website.  Bookings will be confirmed via email.  Kathryn Hayes reserves the right to decline bookings. By making a booking the Client agrees to all terms and conditions and Privacy Policy.   

(b) The session package details all services and products that are included in the advertised price at time of booking.  Additional items per a Client request will be considered and if agreed will be the responsibility of the Client to purchase and provide on the day.

(c)  Client will be invoiced on the day of the session via Pay Pal or other third party payment gateway.  Payment is due within 5 days. Overdue payments may incur a fee and or be referred to debt collection.   No images will be released to Client until full payment has been received by Kathryn Hayes.

(c)  Upon receipt of payment, Client will receive a two week access (purchase period) to an online gallery to view proof images in digital format.  Client will confirm image choices in writing to Kathryn Hayes.   Once received, Kathryn Hayes will move to the editing stage of the order. No changes to image order may be made by Client once editing of images has commenced.

(d) Editing and printing (where printing is included) of images may take up to two weeks.  Digital images are delivered by digital download and printed images will be available for pick up from the studio.  Transfer of digital images to USB or delivery of prints and or USB via Australia Post are available at extra cost.

(e) in the event that Kathryn Hayes is unable to provide the Photography services or complete product editing or delivery for reasons including but not limited to illness, accidents, emergency,  faulty material, equipment failure, technology failure, industrial disputes, weather conditions, property damage, Acts of God, Pandemics, unforseen circumstances or situations beyond control, it is agreed the session will be automatically cancelled and  liability shall be limited to a refund of any monies already paid. Kathryn Hayes will endeavour to contact Clients asap prior to the session if possible.  If Kathryn is able to offer sessions at a later date or time you will be offered the option of re-scheduling. 

(f)  Client may cancel booking up to one week prior to session without incurring any costs for the session.   in the event of illness or an emergency that prevents you attending your booking,  please contact Kathryn Hayes asap.  If for any reason you are unable to speak to Kathryn Hayes personally, acceptable forms of contact are phone, phone message, text or email.  A $125 session fee will apply and be invoiced to any Client who does not attend their session on the day and has not confirmed cancellation of booking.  

We request that if you or any parties in your booking have a cold/virus or are unwell on the day of the session that you cancel your booking.  

(g) Client bookings are accepted on the understanding and agreement that images you see on the website are indicative only  of her portrait photography style.  Differences may occur in your session due to the nature of photography and individual personality and ability of people being photographed.

(h) Editing and printing (where printing is included in purchase) of images may take up to two weeks.   Basic editing is included in the package such as small blemish removal or slight skin adjustments.  It doesn't include any cosmetic changes or editing to remove details due to Client choices relating to grooming, clothing, footwear, make up, etc.  More detailed editing if agreed by Kathryn Hayes will incur extra fees. 

(i)Digital images are supplied to Client via digital download.  Images are saved in JPG format at 300 dpi and sRGB colour space.   No RAW images are released to Clients or made available for purchase.   Client use of images is limited to personal use and printing only.  They may not be provided to third parties for editing or used for commercial purposes.  Client understands that Kathryn Hayes provides digital images that meet the sRGB colour profile.  This profile may differ in look when printed due to supplier technology, printing process and paper options.  Kathryn Hayes has no control or responsibility over print quality from purchase digital images.  

(j) Printed Images:  Images are printed on Photography Lustre Paper by a third party Professional Photo Lab.

(k)Image Delivery: Digital images are delivered by digital download.  Printed images will be available for pick up from the studio.  Available to Client at extra cost is the transfer of images to USB and/or postal delivery of USB and or Printed Images.

(l) The Client understands and agrees that in purchasing digital images they  are provided with one copy only and the fee does not allow for any more access or replacement of  digital images or printed images outside of the purchase period.   After this time Kathryn Hayes has no further obligation to the Client in storing or providing any further images  and reserves the right to delete digital images, both purchased and not purchased, from the database.  It is the Client's responsibility to make back up copies of images and manage any technology required to access images.  Kathryn Hayes has no responsibility over technological changes that impact storage or longevity of digital images. 

(m) Kathryn Hayes retains copyright of the images and reserves the right to store and use images for commercial and promotional purposes including but not limited to social media, marketing, publications, website and advertising.  

(n) Printed Images included in package or purchased by the Client are printed on Photography Lustre Pater unless otherwise stated.  Photography prints are fragile and should be handle with care.  The product is subject to many variable that can impact display quality and production condition.  This includes but is not limited to development process, exposure, light (both natural and artificial), heat, dust moisture, human impact,, display choices, water, misuse, handling, storage, intentional and unintentional damage.  Your acknowledge and agree that all care and responsibility for the printed image belongs with you.  

(o) In the case where parties other than the Client wish to purchase printed or digital images, the Client must provide written permission to Kathryn Hayes.

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