Terms And Conditions Agreement
This User Agreement, or terms and conditions, are a legal agreement between ShutterSpeed (“shutterspeed.net.au”, “us” or “we”) and you. It makes available information available on the shutterspeed.net.au website from third parties (including advertisements for selling cameras and other services and products, links to third-party websites, etc.). This User Agreement details our and your obligations and rights related to this website as well as the services we offer through the site (with the “shutterspeed.net.au Service”). This shutterspeed.net.au Service is a publishing and online advertising venue only that enables sellers and buyers to communicate with each other.
You should carefully read this User Agreement in its entirety before you register for the shutterspeed.net.au Service. By viewing this site or registering for the shutterspeed.net.au Service, you agree to be bound by the User Agreement and you confirm your agreement every time you use this shutterspeed.net.au Service to then current terms and conditions of shutterspeed.net.au. Please print out a copy of this User Agreement and store it in a safe place for future reference.
Information About Us: Equilibrium Digital Pty Ltd. operates this shutterspeed.net.au Service.
Service Availability: Our website is intended only for the use of users who are residents of Australia (“Serviced Territory”). However, we also do accept registrations from other users who reside outside of the Serviced Territory.
You agree to not use information about other users of shutterspeedus.net.au Service that you obtain from another shutterspeed.net.au Service user or us, or from using the Service except to participate in shutterspeed.net.au Service Transactions. You agree (without limitations) to use information regarding other users of shutterspeed.net.au Service for the purposes only of participating in Transactions with those users and not to harass them or send them any unsolicited messages.
The following words, in this section, have the meaning provided to them:
“Content”: all text, artwork, data, information, executable code, software, images, video or audio material in whatever form or medium provided by you to us for incorporation on our Site, whether it is User Feedback, an Item listing or another purpose.
“Intellectual Property Rights”: any intellectual property right anyplace in the world that raises, whether unregistered (including all applications) or registered, including copyright, confidential information, know-how, domain and business names, trade secrets, patents, Marks, utility models, petty patents, semi-conductor topography rights, design rights, database rights, rights to sue for passing off and all rights of the unfair competition rights nature.
“Marks”: all and any trade names, trademarks, trade dress, service marks, URLs, logos, identified slogans, whether registered or not.
“Visitor”: a visitor to our website.
“Derivative Works”: original content that shutterspeed.net.au has created which is based on the Content and contained on our Website.
You warrant to us that this Content complies with Australian Law’s requirement and:
does not violate any regulation (including the regulations and laws that govern export control), ordinance, statute or law;
is not unlawfully harassing, unlawfully threatening, trade libelous or defamatory;
does not violate any laws regarding misleading or false advertising, anti-discrimination, or unfair competition; and
does not contain any cancelbots, time bombs, worms, Trojan horses, viruses, or any other type of computer programming routines with the intention to expropriate, surreptitiously intercept, detrimentally interfere with or damage any personal information, data or system.
We undertake no responsibility, and have no obligation to you, to review the Content in order to determine whether such Content might breach any law or result in a liability to any third parties.
Notwithstanding anything that is contrary that this User Agreement contains, if we reasonably believe that any of the Content might create a liability for us, we might remove this Content if, in our sole discretion, we believe it is necessary or prudent in order to eliminate or minimise our potential liability.
We retain all of the Intellectual Property Rights of our website, our Marks, and Derivative Works, and nothing in this contract may be taken to grant you in rights with respect to these Intellectual Property Rights.
Ownership of and title to all Intellectual Property Rights that are embodied by or incorporated others into the Content will remain with you. Expect as this licence expressly provides, nothing shall be construed to grant us any interest, title or right to or in the Content.
All and any Visitor data (such as e-mail address, address, and name) that is collected through our user registration process or otherwise is owned by us.
You indemnify and keep up indemnified against all expenses, losses, damages, claims, and costs that arise as a result of any action or claim that your Marks and/or the Content infringe on Intellectual Property Rights that belong to a third party. We shall:
You agree and understand that we might in our sole discretion terminate or suspend your account if you appear to us to be, or are, in breach of the User Agreement (which includes, without limitation, through providing false registration details or any other misuse of the shutterspeed.net.au Service), and to withdraw or suspend all your listings.
If your account is terminated or suspended you must not re-register for the shutterspeed.net.au Service without obtaining our prior consent.
Concerns And Fraud About Listing Items
From time to time we might at our sole discretions (but without any obligation to do so) check to see whether Items in any listings are suspected to have been sold illegally or stolen, based on checking against databases maintained by law enforcement authorities, third parties, or us, or historical data that is available to shutterspeed.net.au.
If you have any concerns regarding an Item listing (Photograph) that another shutterspeed.net.au user has posted, please inform us by emailing us at email@example.com.
We will use reasonable care and skill in making the shutterspeed.net.au Service available to you. Otherwise, to the maximum extent that the law permits, the shutterspeed.net.au Service is provided without any guarantees or warranties. We do not warrant, in particular, that the shutterspeed.net.au Service, our website or any of the site’s Contents are virus-free. In this respect, you must take your own precautions as we take no responsibility for any infection by any contamination or virus or by anything with destructive properties. Although we will do our best to provide you with uninterrupted, constant access to the shutterspeed.net.au Service, we do not guarantee it. We accept no liability or responsibility for any delay or interruption.
Our liability to you under this User Agreement and connection with the shutterspeed.net.au Service is strictly limited to the greater of the amount of $300 or the fees that you pay to us for the Transaction that gives rise to the liability.
We accept no liability for loss of any revenue or income, loss of contracts or profits, business loss, loss of data, loss of any anticipated savings, waste of office or management time for any consequential or indirect damage or loss of any type in whatever way it arises in connection with or out of this User Agreement. Whether it is caused by breach of contract, tort (including negligence) or otherwise, even if it was foreseeable.
This does not limit in any way or include our liability for any breach of this User Agreement by shutterspeed.net.au (unless you caused that breach) or for any negligence by shutterspeed.net.au for any matter that would be illegal for us to attempt to exclude or exclude, our liability (which includes under the 1974 Trade Practices Act) and any relevant state fair trading legislation).
You agree to indemnify shutterspeed.net.au against all demands, claims, costs, damages, expenses (including all reasonable legal expenses), penalties, and liabilities that are made of any third party that might arise from:
– any breach by you of this User Agreement (including any matter that relates to your account with shutterspeed.net.au);
– any negligent, unlawful or wilful omission or act by you;
– publication of any information (including advertisements) that you supplied;
– the offering for sale or sale of any Item; or
– your violation of any third party rights.
Events That Are Outside Of Our Control
We will not be responsible or liable for any delay in performance or failure to perform of, any of our obligations under a contract that are caused by events that are outside of our reasonable control (Force Majeure Events).
Force Majeure Events includes any accident, omission, non-happening, events or at that is beyond our reasonable control, and in particular, includes (without limitation) the following:
Any industrial action, lock-out or strike.
Preparation or threat of war, war (whether or not declared), the threat of terrorist attack or terrorist attack, invasion, a riot or civil commotion.
Any natural disaster, including epidemic, subsidence, earthquake, flood, storm, explosion, or fire.
The impossibility of use of motor transport, aircraft, shipping, railways, or other means of private and public transportation.
The impossibility of use of private or public telecommunications networks.
Any government restrictions, regulations, legislation, decrees or acts.
Our performance under any contract will be deemed to be suspended for the time that the Force Majeure Event is in place and we will have an extension of time for our performance for the duration of this period. We will use our reasonable effort to bring the Force Majeure Event to an end or find a solution under which we can perform our obligations under the contract despite the occurrence of the Force Majeure Event.
Written Communication And Other Communications
At times applicable laws require some of the communications or information that we send to you be in writing. When using our website, you accept that most of your communication with us will be in electronic form. We will e-mail you or information will be provided to you by posting a notice on our site. You agree, for contractual purposes, to this electronic form of communication and you acknowledge that all information, notices, contract, and other means of communication provided by us to you electronically comply with any legal requirements for communications to be in writing. Your statutory rights are not affected by this condition. All communications between us and you must be in English.
All notices that you give to us must be provided to shutterspeed.net.au. We might give you notice at either your postal address or e-mail address that you provided to us when you place an order, or by any ways that was specified in paragraph 12. Notice will be deemed to have been properly served and received immediately upon being posted on our website, or 24 hours after an e-mail has been sent, or three days after any letter is posted. To prove service of any notice, it is sufficient to prove, for a letter, that the letter was addressed properly, stamped and put in the post and, in case of an e-mail, that the email was sent to the addressee’s specified e-mail address.
Transfer Of Obligations And Rights
This User Agreement between us and us is binding on us and you on our respective assigns and successors.
You may not assign, transfer or dispose otherwise of a User Agreement with or, or any of your obligations or rights that arise under it, without obtaining our prior written consent.
We may assign, transfer, sub-contract, charge or dispose otherwise of a User Agreement with you or any of our obligations or rights that arise under it, at any time of the User Agreement term.
If during the contract term at any time, we do not insist on your strict performance of your obligations under the contract or any of the terms and conditions, or we fail to exercise the remedies or rights that we are entitled to under the contract, it not a waiver of our remedies and rights and does not excuse you from complying with your obligations.
Any default of a waiver by us does not constitute any defaults of waivers subsequently.
No waiver that is made by us of any terms and conditions will be effective unless they are expressed stated as a waiver and that is communicated in writing to you in accordance with paragraph 13 listed above.
If any terms and conditions of contract provisions are determined to be invalid, unenforceable or unlawful by any competent authorities, such provision, condition, or terms will be that extended severed from any remaining provisions, conditions, and terms which will continue being valid to whatever extent is permitted by law.
Our Right To Change The Terms And Conditions
We have the sole and absolute discretion to amend or modify this User Agreement and Transaction Rules occasionally and these amendments and modifications will be binding on you after being displayed on the Website. You should check the User Agreement terms and conditions regularly.
If you do not want to be governed by an amended version fo these Transaction Rules or User Agreement you must stop using the shutterspeed.net.au Service.
These terms and conditions and any documents that are expressly referred to in them represent the entire agreement between you and us in relation to any contract’s subject matter and supersedes any prior agreement, arrangement or understanding between us, whether in writing or oral. to the maximum extent that the law permits, all other terms, whether implied or express, are excluded.
We acknowledge that, upon entering into this User Agreement, that neither you or we have relied on any representation, promise or undertaking given by the other and that nothing can be implied from anything that is written or stated in negotiations between us before this User Agreement expected what is stated expressly in the terms and conditions.
Neither you or us will have any remedy with respect to any untrue statements that the other party makes, whether in writing or orally prior to any contract date (unless the untrue statement was fraudulently made) and the only remedy the other party shall have is breach of contract as these terms and conditions provide.
Jurisdiction And Law
This User Agreement is construed and governed by the laws of the State of New South Wales and your submit irrevocably submit to the Courts of that State’s exclusive jurisdiction.
In the context of this Agreement, where a reference is made to “you” it includes anyone who is acting on your behalf or with your implied or express authority.
I hereby agree to not upload any content, photographs or images which may be considered to be unlawful. If required, shutterspeed.net.au will provide the Australian federal police with the request for any information.
The general policy is that paid memberships are non-refundable but at the discretion of the Photographers, we will assess them on a case by case basis in accordance with your rights under the Consumer Act.
Paying business agreement that their membership is on a subscription basis and that the business will be charged on the last day of their billing cycle for the same Payment Time (being annual, bi-annual, or monthly) and Membership Type that is currently subscribed to. Subscribers may cancel without notice at any time. To avoid any fees on the next billing cycle subscriber must cancel 7 days before their next billing date.
The service that is subscribed to will be provided pending successful payment to and approval of staff of shutterspeed.net.au.