Terms & Conditions

Last Updated in 21 November 2023

Introduction

Welcome to https://www.karlmonaghanphotography.com/ (“Website”) a website owned by 335 Productions Pty. Ltd.  (the “Owner”) We ask that you please read the following terms and conditions. By using our Website or any of our services, you pledge that you have read, understood, and agreed to be bound by the Terms and Conditions listed below.

Terms of Use

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Site allows you to learn about and to purchase Level frames, artwork, printed  materials, wall decor items and other products (collectively, “Products”). We may change, suspend, or discontinue any aspect of the Site at any time, including availability of the Site or of any Product or feature, without notice or liability.

Communication

By visiting this Website you consent to electronic forms of communication. Our communications with you may be through writing, phone calls, e-mail, or posting notice to the Website. You consent to acceptance of all agreements, notices, disclosures, and other forms of communication whether they are made electronically or otherwise.

When you use our platform, please note that our platform may contain links to other third-party websites. OUR PRIVACY NOTICE DOES NOT APPLY TO INFORMATION THAT YOU PROVIDE TO, OR THAT IS COLLECTED BY, ANY THIRD-PARTY THROUGH OUR WEBSITE AND / OR APP, AND ANY THIRD-PARTY WEBSITES THAT YOU ACCESS OR USE IN CONNECTION WITH THE SERVICES OFFERED THROUGH OUR WEBSITE AND / OR APP. THE COMPANY SHALL NOT BE LIABLE FOR AND HAS NO CONTROL OVER THE PRACTICES AND CONTENT OF ANY SUCH THIRD-PARTY WEBSITES.

This notice is incorporated into and subject to our Privacy Policy and Terms & Conditions (“User Terms”). It shall be read harmoniously and in conjunction with the Privacy Policy and User Terms.

All capitalized items not defined in this notice shall bear the same meaning, along with its cognate expressions and grammatical variations, as given in the Privacy Policy.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and adhere to these terms and conditions, you are granted a non-exclusive, non-transferable, limited right and license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Except as expressly allowed and set forth herein, you may not use, display, reproduce, distribute, modify, transmit any portion of our Site, Services and content, or create derivative works of any portion thereof without our express written consent. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Trademarks & Copyright Notice

The trademarks, logos and service marks displayed on the Site are the property of Karl Monaghan Photography or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Karl Monaghan Photography, Copyright © 2023 Karl Monaghan Photography. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Truthful Communications

You promise that all of the information that you provide to Level when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.

Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All applicable taxes will be added to the price of purchases. We may change prices at any time. All payments shall be in Australian dollars. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transactions or purchases.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Promotional Offers

We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.

Transactions

If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may only do so using a payment account in your name, and you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL OWNER OF CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such information, you grant to Karl Monaghan Photography the right to provide such information to third parties, such as payment processors, for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Use of Cookies

We also use cookies on our platform to enhance your user experience of our Platform. We use browser cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor and to help us identify website features in which you may have the greatest interest. Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular website. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie, and how to disable existing browser cookies. Remember though, without browser cookies, you may not be able to take the full advantage of every website feature.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Severability

In the event that a part of the Terms and Conditions are deemed invalid or voided for any reason, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Entire Agreement

This Terms and Conditions contain the entire agreement. No other agreement, understanding, or representation pertaining to the Website shall be effective. 

Waiver

No waiver of any term or portion of the Terms and Conditions shall be deed a further or continuing waiver of such term or any other term, and Owner’s failure to assert a right under the Terms and Conditions shall not constitute waivers of such right or provision.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback” ) you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

Notification of Changes

We reserve the right to amend this Privacy Notice at any time without specifically notifying you of such changes. Any changes or updates will be effective immediately. You should review this Privacy Notice, published on the website at https://sencogoldanddiamonds.com/, regularly for changes. YOU CAN DETERMINE IF CHANGES HAVE BEEN MADE BY CHECKING THE “LAST UPDATED” LEGEND ABOVE. If We make any significant changes, we will endeavour to provide you with reasonable notice of such changes, such as via a prominent notice on the website and the App or to your email address on record with us and where required is applicable by an Indian law, we will obtain your consent. Your acceptance of the amended Privacy Policy and/ or your continued use of our services after we publish or send a notice about our changes to this policy shall signify Your consent to such changes and be legally bound by the same.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND AND OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND OUR SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Regulatory Obligations

We may be mandated to share your personal Information with any legal, regulatory and / or law enforcement agencies in the event of regulatory inquiries / investigation / or any reporting requirement under different statutes or any other statutory obligations under applicable laws in Australia.

Applicable Law

By using the Website, you agree that the laws of the country of Australia shall govern and that you are subjecting yourself to its laws and agree that the proper venue for any judicial dispute is the country of Australia.

Contact Us

For any further queries related to privacy of your personal Information, your rights under applicable laws in India or concerns regarding this notice, you could reach us at: karl@karlmonaghanphotography.com or by post to:

335 Productions Pty. Ltd., Karl Monaghan Photography

76 Chapman Road Geraldton, WA 6530

Ph: +61 089-921-3001

We will take reasonable steps to resolve your queries at the earliest. However, in any event we will provide you the response within a period of 1 (one) month from the receipt of such requests. In case we are unable to address your concern within the stated period, we will communicate the same along with reason for the delay during the stated period via an email.

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