These Terms and Conditions (the “Terms” are a binding legal agreement ("Agreement") between you (“Client”) and Jenna Mac Photography ("Jenna Mac Photo", "Jenna Mac Photography," “Jenna Cunningham” "us," or "our"). The Terms govern your use of our software applications, resources and services including but not limited to: photography and videography services, location scouting services, photography and videography editing services, etc (collectively, our “Jenna Mac Photography Service”). These Terms govern your access to and use of the Jenna Mac Photography Site, including any subdomains thereof, and any other websites through which Jenna Mac Photography makes its services available, our mobile, tablet and other smart device applications (collectively, "Site"), our social media applications, our online or phone support offerings, or any other access point we make available to you. By accessing or using the Jenna Mac Photography Service, you accept your title as “Client” within Jenna Mac Photography and these Terms.
If you do not agree or are unable to agree to be bound by these Terms, you do not have the right to use Jenna Mac Photography services. Failure to use the Site in accordance with these Terms and guidelines may subject you to civil and criminal penalties.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will be dominant.
1. About the Site
(a) Welcome to www.jennamacphoto.com. Jenna Mac Photography offers
photography products and services by Jenna Cunningham and/or associates of Jenna Mac Photography (the 'Services').
(b) The Site is operated by Jenna Cunningham from Jenna Mac Photography (ABN 91 198 766 085).Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Site, 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 Site, or any of the Services,
immediately.
(c) Jenna Cunningham reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Jenna Cunningham updates the
Terms, it will use reasonable endeavours to provide you with notice of updates to
the Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Site. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Jenna Cunningham in the user interface.
3. Your obligations as a Client
(a) As a Client, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(i) access and use of the Site is limited, non-transferable and allows for
the sole use of the Site by you for the purposes of Jenna Mac Photography
providing the Services;
(ii) you will not use the Services or the Site in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Jenna Mac Photography;
(iii) you will not use the Services or Site for any illegal and/or unauthorised
use which includes collecting email addresses of Clients by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Site;
(iv) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Site without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Jenna Cunningham for any illegal or unauthorised use of the Site;
and
(vi) you acknowledge and agree that any automated use of the Site or its
Services is prohibited.
4. Payment
(a) Where the option is given to you, you may make payment for the Services (the '
Services Fee') by way of:
(i) Electronic funds transfer ('EFT') into our nominated bank account
(ii) Credit Card Payment ('Credit Card')
(iii) Cash ('Cash')
(iv) Payright ('Payright')
(b) Payments made in the course of your use of the Services are made using
Stripe (www.stripe.com). In using the Site, the Services or when making any payment in relation
to your use of the Services, you warrant that you have read, understood and
agree to be bound by the Stripe terms and conditions which are available on their
website.
(c) You acknowledge and agree that where a request for the payment of the Services
Fee is returned or denied, for whatever reason, by your financial institution or is
unpaid by you for any other reason, then you are liable for any costs, including
banking fees and charges and accrued interest charges, associated with the Services Fee.
(d) You agree and acknowledge that Jenna Cunningham can vary the Services Fee at
any time.
5. Refund Policy
Jenna Mac Photography will only provide you with a refund of the Services Fee in the event
they are unable to continue to provide the Services or if the manager of Jenna Mac Photography makes a decision, at their absolute discretion, that it is reasonable to do so
under the circumstances (the 'Refund').
6. Copyright and Intellectual Property
(a) The Site, the Services and all of the related products of Jenna Mac Photography
are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video, images, audio clips, Site, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by Jenna Mac Photography or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Jenna Cunningham.
Jenna Cunningham does not grant you any other rights whatsoever in relation to
the Site or the Services. All other rights are expressly reserved by Jenna Cunningham and Jenna Mac Photography. In using the Site and engaging with the Services you agree to:
(i) use the Site pursuant to the Terms;
(ii) not to copy and store the Site and the material contained in the Site in
your device's cache memory; and
(iii) print pages from the Site for your own personal and non-commercial
use.
(c) Jenna Mac Photography retains all rights, title and interest in and to the Site and all
related Services. Nothing you do on or in relation to the Site will transfer any:
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process).
(d) You may not, without the prior written permission of Jenna Cunningham and the
permission of any other relevant rights owners of Jenna Mac Photography: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Site, which are freely available for re-use or are in the public domain.
7. Privacy
(a) Jenna Cunningham takes your privacy seriously and any information provided
through your use of the Site and/or Services are subject to Jenna
(a) Nothing in the 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.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Jenna Cunningham 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 Services or these Terms (including as a result
of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.
(c) Use of the Site and the Services is at your own risk. Everything on the Site
and the Services is provided to you "as is" and "as available" without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Jenna Mac Photography make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of Jenna Mac Photography) referred to on the
Site, includes (but is not restricted to) loss or damage you might suffer as a
result of any of the following:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Site, the
Services, or any of its Services related products (including third party
material and advertisements on the Site);
(iii) costs incurred as a result of you using the Site, the Services or any of
the products of Jenna Mac Photography; and
(iv) the Services or operation in respect to links which are provided for your
convenience.
9. Limitation of liability
(a) Jenna Mac Photography and Jenna Cunningham's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply of
the Services to you.
(b) You expressly understand and agree that Jenna Mac Photography, its affiliates,
employees, agents, contributors 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.
10. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Jenna Mac Photo as set out below.
(b) If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Jenna Cunningham via the 'Contact Us'
link on our homepage.
(i) providing Jenna Cunningham with 14 days' notice of your intention to
terminate; and
(ii) closing your accounts for all of the services which you use, where Jenna
Cunningham has made this option available to you.
(c) Jenna Cunningham may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Jenna Mac Photography is required to do so by law;
(iii) the provision of the Services to you by Jenna Mac Photography is, in the opinion
of Jenna Cunningham, no longer commercially viable.
(d) Subject to local applicable laws, Jenna Cunningham reserves the right to
discontinue or cancel your membership at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Site or the Services
without notice if you breach any provision of the Terms or any applicable law or if
your conduct impacts Jenna Mac Photography or Jenna Cunningham's name or reputation or violates the
rights of those of another party.
11. Indemnity
(a) You agree to indemnify Jenna Mac Photography, Jenna Cunningham, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Site or attempts to do so; and/or
(iii) any breach of the Terms.
12. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(ii) If a mediator is hired to assist the resolution of the dispute, the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Canberra, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and
in connection with this Dispute resolution clause are confidential and to the extent
possible, must be treated as "without prejudice" negotiations for the purpose of
applicable laws of evidence.
(e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
13. Venue and Jurisdiction
(a) The Services offered by Jenna Mac Photography is intended to be viewed by residents
of Australia. In the event of any dispute arising out of or in relation to the Site,
you agree that the exclusive venue for resolving any dispute shall be in the courts
of Australia Capital Territory, Australia.
14. Governing Law
(a) The Terms are governed by the laws of Australia 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 Australia 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.
15. Severance
(a) 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
