1 Acceptance – The use of The Maud Street Photo Gallery Website (ABN 3454 0341733) Terms and Conditions
Your access to and use of The Maud Street Photo Gallery Website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Change of Use
The Maud Street Photo Gallery reserves the right to:
2.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that The Maud Street Photo Gallery shall not be liable to you for any such change or removal.
2.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
3 Links to Third Party Websites
The Maud Street Photo Gallery Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
4.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to The Maud Street Photo Gallery or otherwise used by The Maud Street Photo Gallery as permitted by law.
4.2 In accessing the Website or mobile applications you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
5 Disclaimers and Limitation of Liability
5.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. No advice or information, whether oral or written, obtained by you from The Maud Street Photo Gallery on or through the site shall create any warranty not expressly stated in this agreement. Notwithstanding the foregoing, the sole and entire maximum liability of The Maud Street Photo Gallery for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you on The Maud Street Photo Gallery website or mobile applications.
5.2 To the extent permitted by law, The Maud Street Photo Gallery will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
5.3 The Maud Street Photo Gallery makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
5.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Maud Street Photo Gallery or personal injury as a result of the negligence of The Maud Street Photo Gallery or that of its employees, agents or contractors.
5.5 The Maud Street Photo Gallery will accept no responsibility for errors/omissions or incorrect information in individual advertisements. Advertisers agree by our Terms and Conditions that information is correct at the time of submission, and to contact The Maud Street Photo Gallery with any changes to details or circumstances which may affect the accuracy of published information.
5.6 Information contained within the mobile applications or website which has been provided by third parties and information on any other website which is accessed via the mobile application or website have not been independently verified by The Maud Street Photo Gallery. The Maud Street Photo Gallery will not be held liable in any form for any incorrect or outdated information.
5.7 The Maud Street Photo Gallery and it’s employees disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever arising in tort, contract, equity or otherwise and arising out of or in relation to your use of or inability to use the Website or mobile applications
5.8 By using The Maud Street Photo Gallery website you acknowledge and accept that advertising or soliciting in any form on any part of the website without the express written permission of The Maud Street Photo Gallery is prohibited and will be prosecuted.
You agree to indemnify and hold The Maud Street Photo Gallery and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Maud Street Photo Gallery arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. The Maud Street Photo Gallery (including it’s employees, contractors and contributors) is not and will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site or any information contained therein. The Maud Street Photo Gallery or any of its affiliates cannot give any representation or warranty as to the accuracy, completeness and/or reliability of any content within the mobile applications or website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8 Governing Law
These terms and conditions are governed by the laws of the Commonwealth of Australia, and where applicable the state of Queensland.
9 Amendments to Terms and Conditions
The Maud Street Photo Gallery terms and conditions are subject to change from time to time without notice. We reserve the right to change, modify, add or delete parts of our terms & conditions at any time. Amendments will be effective immediately; and it is your responsibility to review our Terms & Conditions for any changes. If your continued use of the website following any amendment will represent your acceptance to the revised Terms & Conditions.
10 Trademark Information
All logos and trademarks that are primarily displayed on this website are owned by The Maud Street Photo Gallery. Other trademarks displayed are trademarks owned by their respective owners. You must not use or distribute any trademark featured on this website without the written consent from The Maud Street Photo Gallery or the relevant third parties.
The Maud Street Photo Gallery takes no responsibility for the content of websites which are linked to or from our website. Neither can we verify the accessibility of any external websites. No part of this site may be reproduced in whole or part, for use in print, internet sites, email without prior consent. With respect to all forms and email within the website or mobile application, anything you disclose to The Maud Street Photo Gallery remains property of The Maud Street Photo Gallery. We can proceed with any ideas including but not limiting to; concepts or techniques you supply to us, including developing, manufacturing, and marketing products.
11 Online Payments
All online payments and data collecting are securely transacted through Rapid SSL with a 128Bit Certificate. The Maud Street Photo Gallery provide PayPal payment option for your credit card facility. PayPal is PCI compliant and certification can be found on PayPal’s website www.paypal.com.au. The Maud Street Photo Gallery will not store credit cards at all. Payments made are automated with an immediate response.
Items that are damaged in transit may be replaced or a refund will be offered.
The Maud Street Photo Gallery reserves the right to add, withdraw and vary advertised prices at any given time. Orders that have already been place prior to advertisement will be honoured. All prices are quoted in Australia Dollars and include GST. Prices are correct at the time of purchase but are subject to change without notice.
Delivery of physical goods will depend on the supply and demand of the item on order. If delivery delays occur outside of normal estimated efforts The Maud Street Photo Gallery will be in contact with the purchaser.
15 Digital Delivery
Once payment has been completed, any items that have been digitally purchased, will be available to download. In the event that the purchaser can not download the item, please contact The Maud Street Photo Gallery. The Maud Street Photo Gallery will not be held liable for the connection of your internet and the speeds to download digital content. In addition The Maud Street Photo Gallery will not be held liable nor will it pay for any excess downloads you may occur with your provider.
All downloads you have purchased are copyright and are for personal, non-commercial use only. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the content in any manner except for your own personal, non-commercial use. Use by educational or non-profit organisation is also not permitted unless authorised by The Maud Street Photo Gallery.
The Maud Street Photo Gallery will collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form or any other methods of input. The details provided to The Maud Street Photo Gallery may be used in the following ways.
1. ) To send emails
2. ) To process purchases ( transactions )
3. ) To receive feedback in regards to product or services
4. ) To personalise the online experience when visiting www.maud-creative.com
As outlined by the guidelines in the Terms & Conditions, if at any point of the relationship between yourself and The Maud Street Photo Gallery you would like to suspend or remove the notification from The Maud Street Photo Gallery an option will be provided to “Unsubscribe” from the service.
17 Spam Act Compliance
The Maud Street Photo Gallery is compliant with the guidelines set out in the Australian Spam Act. You will only receive emails from us if you have an established relationship with The Maud Street Photo Gallery, if you have contacted us to request information or if your email address is freely publicised on the internet.
Should you wish to unsubscribe to receiving our company news, updates, related product and service information, all emails will contain a link to Unsubscribe completely.
18 Age Compliance
The Maud Street Photo Gallery does not collect any information from anyone under 18 years of age. If you are under 18, you may only use www.maud-creative.com under the supervision or involvement of your parents or guardians.
19 Privacy Act Compliance
The Maud Street Photo Gallery have taken the necessary precautions to be compliant with the guidelines set out by the Australian Federal Privacy Commissioner. We therefore will not distribute your personal information to outside parties without your consent. We will not sell or rent our client database to anyone or share your personal information with any organisation.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website or mobile applications.
21 Third party association
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
22 Your Consent