Terms & Conditions
Last Updated in 21 November 2023
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.
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.
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.
Intellectual Property Rights
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.
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).
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.
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.
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.
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.
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.
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.
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.
This Terms and Conditions contain the entire agreement. No other agreement, understanding, or representation pertaining to the Website shall be effective.
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.
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
Term and Termination
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.
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.
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.
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: email@example.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.