The following terms and conditions (Terms) set out the basis on which Rohan Traman Families ABN 66 167 909 908 (Rohan Traman Families) agrees to provide goods and services to you (Customer).
1 DEFINITIONS
Business Day means a day which is not a Saturday, Sunday or public holiday in New South Wales.
Goods and Services Tax(orGST)means the tax established under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any tax that succeeds it with similar characteristics.
Rates means the rates charged by Rohan Traman Families in accordance with the rates posted on this at www.rohantraman.com at the time of booking.
2 INTERPRETATION
The following rules of interpretation apply unless the context requires otherwise:
(a) the singular includes the plural and conversely;
(b) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
(d) a reference to legislation or to a provision of that legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument under it; and
(e) unless otherwise stated, “$” is a reference to Australian dollars.
3 RATES AND DEPOSIT
3.1 A non-refundable $149 session fee is payable at the time of booking to reserve the session.
3.2 Once a booking has been placed, the Customer agrees that it may not be canceled by the Customer without Rohan Traman Families’s written consent, and the Customer agrees that the deposit payable at clause 3.1 is a reasonable cancellation charge to cover Rohan Traman Families’s costs in the event of a cancellation.
3.3 Rohan Traman Families may, in its sole discretion, allow the deposit to be applied to a re-scheduled session provided that the Customer has provided at least 5 Business Days’ notice of the re-scheduled session.
3.4 The Customer is deemed to have accepted these Terms by placing an order with Rohan Traman Families. If these terms and conditions are received by the Customer but unsigned, and if the Customer places an order with Rohan Traman Families for the Goods, these terms and conditions are deemed to have been accepted and the Rates payable within these Terms are payable by the Customer. These Terms will take precedence over and supersede any other document or terms previously agreed or provided subsequently by the Customer.
3.5 The granting of any credit by Rohan Traman Families is at Rohan Traman Families’s sole discretion which can be withdrawn or varied by Rohan Traman Families at any time.
43.6 Interest at the rate of 2% per month is payable on any overdue amounts from the date when payment was due to the date of actual payment (whether before or after judgment) together with all costs, expenses (including all legal costs) incurred in the collection or attempted collection of any sums due, and can be collected as part of the principal amount owing.
4 GST
Unless otherwise stated, the Rates and other amounts payable are stated exclusive of GST. To the extent that GST or any other comparable value-added tax applies to the Rates or other amount payable, the Customer agrees to pay this amount to Rohan Traman Families in addition to the applicable Rates at the same time and in the same manner as the Rates.
5 REPRESENTATIONS AND WARRANTIES
5.1 To the fullest extent permitted by law, Rohan Traman Families will not be deemed to have given any warranty or representation as to any matter dealt with under these Terms, including any warranties of quality or fitness for a particular purpose, except as expressly stated in these Terms, other than as provided for under the Australian Consumer Law.
6 LIABILITY
6.1 Notwithstanding any other provision of these Terms, to the fullest extent permitted by law, in no circumstances shall Rohan Traman Families be liable to the Customer under contract (including any indemnity), common law, tort, equity, under statute or in restitution for any indirect or consequential losses, or loss of profit, revenue, contract, use, goodwill or reputation or financing costs or increase in operational costs.
6.2 Rohan Traman Families is not liable for any unplanned delays or cancellations due to matters outside its reasonable control, including weather, transportation issues, illness, injury or unforeseen emergency. In the event that Rohan Traman Families is unable to reschedule the session or photographs or files are lost, stolen or destroyed for reasons within Rohan Traman Families’s liability is limited to repayment of any Rates paid.
6.3 At Rohan Traman Families, the safety of our customers is our number one priority and all care will be taken by us. By participating in a photoshoot the Customer agrees that all decisions about physical activities are their own and that they have, if necessary, taken medical advice before participating. Rohan Traman Families accepts no liability for any personal injury suffered by you to the extent permitted by law.
7 INTELLECTUAL PROPERTY
7.1 All photographs and copyrights are the property of Rohan Traman Families. Rohan Traman Families grants the Customer a non-transferable, non-exclusive licence to reproduce any photographs for the purposes of sharing with friends and family only. For the avoidance of doubt, this license does not extend to any commercial exploitation of the photographs without Rohan Traman Families’s express written consent, and any use for the business of monetary gain will constitute an infringement of copyright.
7.2 Rohan Traman Families may use photographs taken in the session for the purposes of display, advertising, portfolio, website or any publication to promote Rohan Traman Families and the Customer releases Rohan Traman Families from all claims and liability relating to Rohan Traman Families’s use of the photographs. Should the Customer not wish for Rohan Traman Families to use the photographs then the Customer can notify Rohan Traman Families at the time of booking.
8 GENERAL
8.1 If any provision of these Terms is determined by any statute or court to be illegal, invalid, void or voidable, the legality and validity of the remainder of these Terms shall not be affected and the illegal, invalid, void or voidable provisions shall be deemed deleted from these Terms to the same extent and effect as if never included, but the remainder of the Agreement shall continue in full force and effect.
8.2 These Terms is governed by the laws of the state of New South Wales and is subject to the non-exclusive jurisdiction of the courts of New South Wales.
