Terms & Conditions

Creation By Somroth.R

TERMS AND CONDITIONS

Website terms and conditions of creationbysomroth.com

Entity

creationbysomroth.com is wholly owned and operated by Somroth.R ABN 65544597380.

CREATION BY SOMROTH.R is an Australian business and that all transactions will be billed in Australian dollars.

Office:
CREATION BY SOMROTH.R
PO BOX 328, Elanora QLD 4221
Elanora, QLD 4221
contact@creationbysomroth.com

Disclaimer

In compiling the information contained on, and accessed through, this website (“Information”) CREATION BY SOMROTH.R has used its best endeavours to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.

To the extent permitted by law, CREATION BY SOMROTH.R and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, CREATION BY SOMROTH.R limits its liability to the extent permitted by law, to the re-supply of the Information.

Use of information

Any information, ideas, concepts, know-how or techniques provided by, or obtained from, you or your use of this website shall be deemed to be non-confidential and CREATION BY SOMROTH.R shall be free to reproduce, use, disclose and distribute the information to others without limitation.

A valid email address is required to process feedback or other electronic communication from you to our site. Email addresses supplied by users may be retained and used only for the purpose for which they were provided.

Your IP address and other information about your session such as browser version, operating system version may be recorded during your session. CREATION BY SOMROTH.R may use this information to help improve user experience and other aspects of our website.

Session Booking

By booking a session you agree to pay the full amount of your session type within 7 days. If the session fee is not paid your booking will not be considered.

All children’s welfare is the responsibility of their parent or guardian. You will not hold the Photographer responsible for an accidental injury incurred before, during or post the session.

Prices & Payment

Booking Fee Payment methods: direct bank transfer (free of charge) or through eWay payment gateway (subject to 1.6% surcharge).

Prices are subject to change at any time without notice, however current pricing is honoured once the booking is confirmed. Booking fees include your digital images. All packages are customized to fit your requirements. Digital files are not available for sale individually unless a session has been booked.

Professional editing of images is included in any packages. Any additional editing requested will incur additional fees. A quote will be provided in the event of such a request. Please note that RAW files format are not issued to you unless otherwise agreed during the consultation and subject to additional fees and terms & conditions.

Dispute

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

Applicable law

This website (excluding any linked third-party websites) is controlled by CREATION BY SOMROTH.R from Chiswick, NSW, 2046. By accessing this website, you accept that any disputes about this website or its content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. CREATION BY SOMROTH.R makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

Online Image Galleries

Where CREATION BY SOMROTH.R provides you with an online image gallery of photos, the online image gallery will only be available for a limited time as specified by email. Once your photos are made available to you in an online gallery then you need to select and order your images within 24 hours of the online gallery being made available to you. After this period photos may be deleted.

Images take approximately 7 days after the session completion to be sorted (excluding group sessions for which delivery varies depending on group size), edited and uploaded to your online image gallery.

Same day delivery is available upon request for any sessions finishing on or before 11 am and subject to an additional fee.

Images

You agree that the Photographer owns the copyright in these photographs including but not limited to all rights in preliminary materials and all electronic rights and hereby waives any claims you may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, hard disks, flash media, removable storage media, computer databases, and network servers.

CREATION BY SOMROTH.R reserves the right to use images for display, publication or other purposes. Please do not copy or scan photos from my website, social media pages or any other form of advertisement. Penalties apply and all work is protected under the Copyright Act 1968 (Cth).

When purchasing digital files you are provided with watermarked web-sized files, these are to be used when uploading to any form of social media. You have the right to the use and enjoyment of the provided images for personal non-commercial purposes, as well as for your own internal commercial purpose directly related to your own business or enterprise. Images cannot be sold or used for any other purposes without the Photographer’s prior written consent.

Due to the nature of digital images, all orders of digital images which have been downloaded from your dedicated online Gallery are final and non-refundable. The digital images will be supplied to you uncorrupted and if advised by you within 14 days of purchase of a damaged or corrupted image(s) will replace the damaged or corrupted image(s) free of charge. After this period photos will be deleted.

Refund & Cancellations

Due to the nature of digital images, all orders of digital images which have been downloaded are final and non-refundable.

When you book a session with CREATION BY SOMROTH.R, 50% of your booking is non-refundable.

In the event that you have to cancel a photoshoot due to unforeseen circumstances, CREATION BY SOMROTH.R will refund 50% of the session type booked.

In the event that the Photographer cancels a photoshoot, CREATION BY SOMROTH.R will give you a full refund of your booking.

By booking in your session with CREATION BY SOMROTH.R, you agree to the above terms and conditions.

Referral program

10% discount applies to any referral client only from past client.

Contact

For any questions, please reach out to me at somroth@creationbysomroth.com

LAST UPDATE: FEBRUARY 2021

Copyright ©2023 Creation by Somroth.R. All rights reserved. Unpublished rights reserved under the Australian Copyright Act 1968 as amended).