Privacy Policy.
Little Wombat Portraits - Terms and Conditions
1) Provision of Services and Contact Information: Little Wombat Portraits, in partnership with Sytist (Pictures Pro), offers childcare and kindergarten photography services. The services include group and individual shots, with photographs uploaded to the Site for direct purchase by users.
Contact Details for Little Wombat Portraits:
Contact: Carolina Merlo
Phone: 0432634352
Email: littlewombatportraits@gmail.com
Location: Diamond Creek, Victoria, Australia
Account Information and Usage:
Ensure accurate registration details are provided and promptly updated.
Users must be at least 18 years old to access the Service.
Maintain the security of account details; report any breaches to Little Wombat Portraits promptly.
Little Wombat Portraits reserves the right to suspend access if terms of service are violated or laws are breached.
For any inquiries or assistance, please contact Little Wombat Portraits using the information provided above.
At Little Wombat Portraits, we are dedicated to enhancing our services continuously to provide you with the best experience possible. Our commitment to keeping all information on our site up to date ensures that you receive accurate and relevant details at all times. Please remember to check our website regularly for any new updates or changes to our services. Your continued use of the site indicates your acceptance of any modifications we make. Thank you for choosing Little Wombat Portraits.
2) License and limited rights to use Content
You are granted a non-exclusive, non-transferable, non-assignable, revocable license to use the Content subject to the terms and conditions outlined in the Agreement by Little Wombat Portraits™. All Intellectual Property rights, including copyright, database rights, website design, trade and service marks, logos or names, design rights, and software used on the Site belong to Little Wombat Portraits™ (or applicable licensors) and must not be utilized without prior written consent. Photos purchased are strictly for Personal use and must not be employed for any commercial purposes.
3) Privacy Policy and Data Protection
Little Wombat Portraits fully respects your right to privacy and complies with the Data Protection Acts 1988 and 2004/5. By interacting with the Site, you consent to the collection and use of your personal information for providing services and statistical purposes. You may receive information about products and services, but can opt out anytime. Cookies may be used to enhance your viewing experience but do not gather personal data. During photo registration, you can choose whether to allow sharing of your child's photos on various platforms without any identifying information.
At Little Wombat Portraits, we respect the privacy of our clients. During the photo registration process, we will inquire whether you grant permission for images of your child/children to be shared on social media, our website, and promotional material. Your selection of signing the form will be honored without any identification regarding names or specific locations associated with the shared images.
4) Warranties and Indemnity
Little Wombat Portraits warrants that it will use all reasonable skill and care in the provision of the Service. Little Wombat Portraits makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
By agreeing to these terms, you acknowledge and undertake not to engage in the following activities while using our Services:
Use the Services for chain letters, junk mail, pyramid schemes, spamming, or any form of unsolicited messages, including the use of distribution lists without permission.
Harvest or collect information about others, including e-mail addresses, without their explicit consent.
Knowingly interfere with or disrupt networks connected to the Services, or violate the regulations, policies, or procedures of such networks.
Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services by any means, including password mining.
Use the Services for any illegal purposes. Your agreement also includes the commitment to indemnify Little Wombat Portraits against all claims, liabilities, costs, and expenses (including legal fees) that may arise from your use of the Services or any breach of this Agreement.
5) Limitation of Liability
Little Wombat Portraits shall not be liable for any direct, indirect, consequential, or special loss or damage, including but not limited to loss of profit, anticipated savings, business, goodwill, data, or any other financial or business loss or damage exceeding $1.00 in the 12 months preceding the date of liability. This limitation of liability does not apply in cases of fraud or for death or personal injury caused by negligence.
All photographs provided by Little Wombat Portraits are of high quality, using the best materials and processing techniques. However, it is important to note that colour photographs may fade over time, especially when exposed to bright sunlight without proper protection behind glass. Little Wombat Portraits does not accept responsibility for gradual image deterioration and recommends using a professional print lab to ensure quality results from digital files.
6) Consent Agreement
You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians. It is not our responsibility to ensure that each Subject has the required consent in order for their photograph or image to be used on the Site.
Kindergartens and Childcare centers must send all parents/guardians a consent form to receive written consent OR to allow them to express their objections if they do not wish the Subject to be photographed.
Generally, and as a user of the Site, you hereby confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift – we may, in our sole discretion ask You questions to determine Your connection to the Subject and if we are not satisfied with Your answers we can refuse to allow You to use the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we may hold on You;
b) You agree that we are under no obligation to store photographs of a Subject for any predetermined length of time and that can archive them or destroy them whenever we consider it appropriate; Little Wombat Portraits currently archives purchased and unpurchased photos for a period of 12 months only. Photographs taken and not included in photo galleries are deleted immediately as considered not of standard to quality that Little Wombat Portraits upholds.
c) You agree that You have no proprietary interest in any photographs and/or images generated by the Business, and all intellectual property rights in the same are wholly owned by the Business and You disclaim all rights you may have in the same both for yourself and on behalf of the Subject.
7) Payment and Refund Policy
Services Pricing and Delivery Terms and Conditions:
The prices for the Services will be as stated on the Site at the time of registering for the photos. These prices will include GST but exclude delivery charges, which will be added to the total amount charged. For orders placed within the specified closing date, complimentary delivery to childcare centres or kindergartens is offered.
Orders placed during the print ordering period and prior to the closing date will be delivered to the childcare/kindergarten for collection. Home delivery will incur a postage fee. Little Wombat Portraits does not levy late fees, but a $15.00 charge per order will apply for orders placed after the closing date.
Once an order has entered production, it cannot be cancelled or refunded as the provided goods are personal and non-resalable. However, if an error is identified, customers can contact us for assistance. Refunds are unavailable for digital files due to their instant downloadable nature. Customers are advised to review their orders before proceeding to checkout on the cart website.
8) Notices
All notices should be directed to Little Wombat Portraits via e-mail or by post to the address of Little Wombat Portraits as specified under clause 1 of this Agreement, or to the e-mail or postal address provided in your registration information.
9) Third Party Links
The Site may include links to other websites and resources, however, Little Wombat Portraits is not accountable for the availability or content of these resources. The information on our Site does not signify any endorsement or approval of any third party websites, their advice, opinions, information, products, or services. It is solely your decision and responsibility to engage with their services and/or products.
10) Termination and Renewals
Little Wombat Portraits manages the Site in a fair and reasonable manner,and reserves the right to terminate this Agreement and your access to the Service if, in the opinion of Little Wombat Portraits, you are in violation of this Agreement or engaging in behaviour deemed inappropriate or potentially damaging to the reputation of Little Wombat Portraits.
11) Dispute Resolution
Should a dispute arise between you and Little Wombat Portraits that cannot be resolved directly within a reasonable time period, it is agreed that, upon a written request by either party, the matter can be referred to an independent mediator. The identity of the mediator shall be mutually agreed upon. If the parties fail to agree on a mediator within 14 days of one party's request, the costs of the mediation will be shared equally, and the mediation will take place in Melbourne, Victoria. If, within 60 days of appointing a mediator, the dispute remains unresolved, the parties may then submit the matter to the exclusive jurisdiction of the Australian Courts.
12) General
No failure or delay on the part of Little Wombat Portraits relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement. Little Wombat Portraits does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information deemed necessary to the relevant authorities, and to remove any information considered inappropriate, including but not limited to commentary.
Due to the nature of the Services, a price may be incorrectly listed on the Site due to technological or human error. It is advised that neither Little Wombat Portraits nor the seller is obliged to provide any goods or services at an incorrect price even after an order is received or any other notification of the same.
Little Wombat Portraits shall not be liable to you for any breach of this Agreement arising from force majeure events, such as an Act of God or the failure of a third party.
This Agreement represents the entire understanding between the parties, replacing all prior arrangements, terms, representations, and understandings, whether written or oral, concerning the subject matter. Neither party is bound by any variation or addition to this Agreement unless agreed to in writing and signed by authorized representatives from both sides.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Australia and be subject to the exclusive jurisdiction of the Australian courts.