TERMS & CONDITIONS

In using the Interior View Photography website or booking an Interior View Photography service or product you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person booking Interior View Photography services or accessing the Interior View Photography website (www.interiorview.com.au) and accepting the Interior View Photography’s terms and conditions. "The Organisation", “Ourselves”, “We” and "Us", “Interior View” refers to our Organisation (Interior View Photography). “Party”, “Parties”, or “Us”, refers to the Client and us, or either the Client or us. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Organizations’ stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized individuals within the business on a need to know basis only use any information collected from individual customers. The law has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties only in relation to services provided. Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturers and suppliers, and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent Clients personal information to any third party or use your e-mail address for unsolicited mail. Any client emails sent by this Organisation will only be in connection with the provision of services and products.

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Organisation:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the organisation’s literature; and 

- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Organisation of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Organisation does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All goods remain the property of Interior View Photography until payment is made in full where upon the client is granted a license for use in accordance with the Photographic rights and usage section below.

Cash or Bank Transfers are acceptable methods of payment. For transactions direct with the homeowners our terms are payment in full prior to or on location at the photographic shoot. For all other business-to-business transactions our payment terms are strictly 10 business days from date of invoice unless the client is operating under a specific Interior View Photography, client specific Terms of Service agreement where upon the specific payment terms apply.

For late payment outside of these payment terms Interior View Photography reserve the right to charge a $20 late payment fee to cover administration costs. In addition an in accordance with the photographic rights and usage section below, Interior View Photography reserve the right to insist that the client temporarily desists from using all images with immediate effect until the outstanding balance has been paid in full. For persistent late payment Interior View Photography reserve the right to insist on future cash transactions only.

For all monies that remain outstanding by an agreed alternative due date and time, Interior View Photography reserve the right to cancel the shoot or charge an additional monthly late payment fee 2% above the prevailing Bank of Australia’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Tribunals of Australia in the event that the outstanding balance does not exceed $4500. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge to cover any subsequent administrative, direct costs and lost revenue expenses.

Photographic Rights and Usage

All photographic files and other marking documents produced for the clients remain the property of Interior View or the photographer where that is not an interior View photographer. All files supplied to and utilised by the client are provided under license for all marketing associated with the current marketing campaign (sale or otherwise) for the property in question. Additional use outside of the specific purpose of marketing the home is strictly prohibited. Re-use of the images and or files by any party other than the original client is strictly prohibited.

All photographs will be copyrighted and owned by the photographer and a license granted to the client and NOT to any third party. Real estate agent clients are deemed to be a third party. The client in this case is identified as the person or organisation named on and liable for payment of the invoice.

Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, home sellers or home buyers is prohibited unless approved in writing by Interior View Photography. Where the home seller is the client they are not deemed to be a third party and all rights and usage rules apply accordingly.

The license of use comes into effect fully upon payment of the invoice. Temporary usage is however granted until the payment date stated on the invoice. The temporary usage license ends at midnight on the payment due date. Clients utilising the images and files after this date and time where the invoice remains unpaid are doing so outside of this agreement and are deemed to be contravening the Australian Copyright Act 1968 and is enforceable by law. Interior View Photography therefore reserves the right to insist that the client desist from utilising the images until the license is reactivated.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services shall not be refunded.

Availability

Unless otherwise stated, the services featured on this website and on all marketing material are only available within the Gold Coast and Tweed Coast Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any service, product, downloads, programs and text available from Interior View Photography and through the website. Redistribution or republication of any Interior View copyrighted material or any part of the Interior View website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Interior View Photography. Interior View Photography does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this website you thereby indemnify Interior View Photography, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We reserve the right to use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Organisation on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Organisation’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to the Interior View Photography website

You may create a link to any page of this website without our prior written consent. However, If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. The Organisation accepts no responsibility through any loss or damage caused by linking to our content.

Links from the Interior View Photography website

We do not monitor or review the content of other party’s websites which are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Organisation will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Organisation’s services and the full content of this website.

The Interior View Photography logo is a copyright of Interior View Photography in Australia. The brand names and specific services of this Organisation featured on the interior View Photography website are copyrights owned by this Organisation. Use of this website is bound by the copyright notice. Website copy, code and imagery are owned by Interior View Photography. Use of these without permission is breaking the Australian Copyright Act 1968 and is enforceable by law.

Communication

We have several different e-mail addresses for different queries. General Enquiries can be made by visiting our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers. This company is registered on the Gold Coast, Queensland, Australia ABN 79 302 364 232, registered office is in Elanora Queensland, Australia 4221.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Australia govern these terms and conditions. By accessing this website or using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access and service provision. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Organisation to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Organisation.

Notification of Changes

The Organisation reserves the right to change these conditions from time to time as it sees fit and your continued use of the services or the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our website home page and on other key pages on our website. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. The accessing of the Interior View Photography website or social media pages and/or undertaking of a booking or agreement to undertake Interior View Photography Services indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © Interior View Photography All Rights Reserved