RED CHERRY PHOTOGRAPHY (62 827 958 144) – TERMS AND CONDITIONS

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF RED CHERRY PHOTOGRAPHY WEBSITE (the “Site”). By accessing the Site and using its Services you, the client (henceforth known as “You”), agree to the Terms and Conditions as stated below.

1. Provision of the Services and How to Contact Us

RED CHERRY PHOTOGRAPHY (the “Business”), in association with Netlife Australia, provides an online means of managing and selling photographs of childcare and school children including the provision of group shots, individual shots, sporting shots, etc. (“Services”). Once taken, photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Services.

Contact details:
Email: info@redcherryphotography.com.au
Phone: 0407 836 079

You acknowledge that you have provided the Business with accurate and complete registration information and that it is your responsibility to update the Business with any changes by contacting us via the above details.

2. Licence and Limited Rights to Use Content

The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms of this Agreement. All intellectual property rights in the Site, including software, design, trademarks, and content, belong to the Business or its licensors.

3. Privacy Policy and Data Protection

The Business respects your right to privacy and complies with Australian data protection laws. See our Privacy Policy on the Site for details on how we collect, use, and store your information. We may use cookies to improve your user experience; you can disable cookies via your browser settings, though this may limit functionality.

4. Warranties and Indemnity

The Business warrants that it will use reasonable skill and care in providing the Services. However, we do not guarantee that the Site is virus-free or error-free. You are responsible for using appropriate security measures.

You agree not to use the Services for unlawful purposes, to post offensive or infringing material, or to attempt unauthorised access. You also agree to fully indemnify the Business against all claims, costs, and damages arising from any breach of these Terms.

5. Limitation of Liability

The Business is not liable for any indirect, consequential, or special loss, including loss of profit, data, goodwill, or business, and total liability shall not exceed $100.00 in any 12-month period. This limitation does not apply to fraud or injury caused by negligence.

6. Consent

Parents will be asked to register for consent. If no registration your child will not be photographed.

If you are a parent or guardian, you confirm your consent for the Subject’s image to be used within the Services. You also agree to only purchase photographs you have a legitimate reason to acquire (e.g., family relation or gift).

CLASS PHOTOS WILL ALSO BE PHOTOGRAPHED - THIS WILL BE AVAILABLE IN PRINT FORM ONLY, THE SERVICE WILL ALSO RECEIVE A COPY OF THE CLASS PHOTO

7. Payment and Refund Policy

All prices include GST and exclude delivery unless otherwise stated. Orders are processed through our secure checkout. Once an order has entered production, it cannot be cancelled. Refunds are only available for faulty or damaged prints reported within 14 days of delivery. Digital image sales are final once delivered.

8. Notices

All notices should be sent to the Business by email or post to the address provided in Section 1, or to the contact information you provided during registration.

9. Third Party Links

The Site may contain links to third-party websites. The Business is not responsible for the content or operation of these sites and provides no endorsement of them.

10. Termination and Renewals

The Business may immediately suspend or terminate your access if you breach these Terms or act in a manner that may harm our reputation or other users.

11. Dispute Resolution

If a dispute arises that cannot be resolved directly, either party may refer it to an independent mediator agreed upon by both parties. If the mediator cannot be agreed upon within 14 days, one shall be appointed by the Australian Commercial Disputes Centre. Mediation costs will be shared equally, and the mediation will be held in Sydney.

If unresolved within 60 days of mediator appointment, either party may submit the dispute to the exclusive jurisdiction of the Courts of Sydney, Australia.

12. General

Failure or delay in enforcing any right under this Agreement shall not constitute a waiver. If any part of this Agreement is deemed invalid, the remaining terms shall remain in full effect.

In the case of price or technical errors, the Business is not obliged to honour incorrect listings. The Business shall not be liable for delays or failures caused by events beyond its control (“force majeure”).

This Agreement represents the entire understanding between you and the Business and supersedes all prior agreements. Any disputes shall be governed by the laws of Sydney, Australia, under the exclusive jurisdiction of its courts.