TERMS AND CONDITIONS
1. About the website
1.1. Welcome to https://www.photox.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various 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').
1.2. The Website is operated by Ben Appleton (ABN 80 482 721 661). 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 the Services, immediately.
1.3. Ben Appleton reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Purchase of Products
2.1. 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').
2.2. Payment of the Purchase Price may be made by EFT, credit card or PayPal. (the 'Payment Gateway Providers')
2.4. Following payment of the Purchase Price being confirmed by Ben Appleton, you will be issued with a receipt to confirm that the payment has been received and Ben Appleton may record your purchase details for future use.
2.5. Late Payment Fees - In the event of failure to pay the issued invoice by the due date specified on the invoice, late payment fees of 10% per month will be applied to the outstanding amount. This fee aims to compensate for the costs incurred due to delayed payments and to encourage timely settlement.
3. Refunds and Returns for Products
3.1. Ben Appleton may, at its discretion, provide a refund on the return of the Product within 7 days where the Product does not meet your requirements. In order to request a refund, please e-mail [email protected] outlining the reasons behind your request.
4. Copyright and Intellectual Property
4.1. The Website, the Purchased Services, the Communications and all of the related products produced by Ben Appleton 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 Ben Appleton or its contributors.
4.2. Ben Appleton 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 Ben Appleton; or
b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c) the right to use or exploit the documentation provided be Ben Appleton to the Client in relation to all sales activity and communications; or
d) 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).
4.3. You may not, without the prior written permission of Ben Appleton 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.
4.4. In using the Request For Quote services (‘RFQ’) via the GET IN TOUCH page or via written communication including direct email and text message or via verbal communication including phone call and ‘face to face’, you agree that all communication between Ben Appleton and the Client remains the intellectual property of Ben Appleton. This includes written and verbal communication in the form of email, text messaging, informal quotes, formal quotes, tender responses, invoices, receipts, product and service packages and inclusions.
6. General Disclaimer
6.1. You acknowledge that Ben Appleton does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
6.2. Production descriptions posted on Ben Appleton’s product pages are used as an indication of the product rather than an actual representation. Ben Appleton accepts no responsibility for inaccurate information supplied to it.
a) The website may contain technical inaccuracies or typographical errors or omissions. Ben Appleton is not responsible for typographical, pricing, product information or advertising.
b) Advertised prices and available quantities are subject to change without notice. Ben Appleton reserves the right to make changes, corrections and/or improvements to the website, and to the products and programs described in such information, at any time without notice.
6.3. 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.
6.4. Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Ben Appleton 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.
6.5. Use of the Website, the Purchase Services, and any of the products of Ben Appleton is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ben Appleton, 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 Ben Appleton make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ben Appleton) 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:
a) 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;
b) 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);
c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d) the Content or operation in respect to links which are provided for the User's convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7. Limitation of Liability
7.1. Ben Appleton 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 Ben Appleton is the resupply of information or Purchase Services to you.
7.2. You expressly understand and agree that Ben Appleton, 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.
7.3. Ben Appleton 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 Ben Appleton, by third parties or by any of the Purchase Services offered by Ben Appleton.
8.1. You agree to indemnify Ben Appleton, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) 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;
b) 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
c) any breach of the Terms.
9. Venue and Jurisdiction
9.1. The Purchase Services offered by Ben Appleton 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 the Australian Capital Territory, Australia.
10. Governing Law
10.1. The Terms are governed by the laws of the Australian Capital Territory, 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 Australian Capital Territory, 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.
11. Independent Legal Advice
11.1. 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.
12.1. 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.