Policy

Terms and conditions

The boring but important stuff!

Terminology

Photographer - “Tania Atkins”, “Tania Atkins Photography”, “we/our/us”

Client - the person who has booked our services “you/your”

Agreement for services

By engaging us to provide photography services you agree to be bound by these terms. We may amend these terms and conditions from time to time.

Following initial consultation with you, we will email you a quote for photographic services which will set out the applicable “booking fee” and the “balance of the fee for services”.

Booking fee, payment and cancellation

Payment of the booking fee will constitute your acceptance of our quote for photography services.

Payment of the balance of the fee for services shall be paid in full prior to the session date.

Failure to make full payment prior to the session date will be deemed as cancellation of our services.

If you wish to cancel or reschedule the following fees apply:

(a) Less than three (3) days’ notice of cancellation or rescheduling, a cancellation fee equal to 50% of the cost of the booking will be payable.

(b) The booking fee paid will be forfeited upon cancellation and will be used to satisfy the cancellation fee payable, or part thereof.

If a booking is cancelled by us, no cancellation fee will be payable, and you may reschedule or receive a full refund.

Payment Methods

We accept payment via the following payment methods:

(a) PayPal;

(b) selected credit cards such as Mastercard, Visa; and

(d) payment options available

All pricing is in AUD.

Deliverables

Images produced during the sessions will be delivered as digital files via Drop Box private link.

Refunds

Given the nature of our services, we do not offer refunds unless required under Australian Consumer Law. If your service is significantly different to that described in our quote for photography services, please put your complaint in writing to info@taniaatkinsphotography.com

Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Photographic Materials and Copyright

All photographic material produced by us may represent or contain intellectual property owned by us, including copyrights.

All copyright of images taken by us remains with us. You acknowledge that all rights to any and all photographic material produced by us remain our property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent which may be obtained by emailing us at info@taniaatkinsphotography.com

Any photographic materials provided by us are for personal us only. If you are obtaining photographic materials for commercial purposes, you must enter into a Commercial Use Agreement with us.

You grant us the unrestricted right to use and alter any photographic material produced by us for commercial promotional, marketing or other purposes without compensation. You further release us from any and all claims or liability resulting from the use of the photographic material.

Any issues, please contact us to discuss via email at info@taniaatkinsphotography.com

Events and Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions where such failure is occasioned by causes beyond its reasonable control including but not limited to by medical emergencies, fire, flood, riot, strike, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

Collections and use of Personal Information

We may collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners. Our best efforts will be used to ensure personal information is protected.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

(a) how we store and use, and how you may access and correct your personal information;

(b) how you can lodge a complaint regarding the handling of your personal information; and

If you would like any further information about our privacy policies or practices, please contact us at info@taniaatkinsphotography.com

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

Indemnity

You acknowledge that all photographic material is produced and edited in accordance with our experience and creative opinion.

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You hereby agree to indemnify, release, discharge and hold harmless us, our heirs, assignees, employees or any persons or corporations acting on our behalf from and against any liability or claims arising as a result of any services provided under our agreement.

In the unlikely event that the photographic material is lost, stolen or damaged we shall refund you for all fees paid and our liability will be limited to this refund.

Exclusivity

You acknowledge that we are not required to deal with you on an exclusive basis in relation to the services.

General

These terms, and any dispute relating to these terms or our services, are governed by and must be interpreted in accordance with the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.

This Privacy Policy describes how Tania Atkins (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us or by using the details provided below:

Tania Atkins, PO Box 4, Capalaba Qld 4157, Australia

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels
Disclosure for a business purpose: shared with our processor Shopify
Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site

Order information

Purpose of collection: to provide services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Source of collection: collected from you.
Disclosure for a business purpose: shared with our processor Shopify
Personal Information collected: name, billing address, payment information (including credit card numbers, email address, and phone number.

Customer support information

Purpose of collection: Assist with sale
Source of collection: Secure external drive source
Disclosure for a business purpose: For sale purposes
Personal Information collected: Sales required information

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us to request deletion.

Sharing Personal Information

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering services for sale, processing payments, and keeping you up to date on new products, services, and offers.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

Reporting and Analytics

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please do so via your email unsubscribe section at bottom of emails.

Do not track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.

Last updated: 02/09/2023

Terms and conditions

Privacy Policy

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