Terms of Use

Welcome to the website of Stuart James Photography.  (www.stuartjames.com.au)

 

By using this website owned by Stuart James Pty Ltd (ABN: 40606200257 trading as Stuart James Photography, you are agreeing to be automatically bound by these terms and conditions, including the privacy policy.

We encourage you to carefully read and understand these terms and conditions before using the website or any of my services. If you don’t agree, then please do not use Stuart James Pty Ltd website or services.

We may update these terms and conditions from time to time and the new provisions will apply from the date they are updated.

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without my prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate this website or underlying content.

Copyright, trademarks and other intellectual property

Stuart James Pty Ltd owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

Please email admin@stuartjames.com.au if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organisations, products, people, and events depicted on this website are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Copyright infringement

If you believe that there is material on my website that infringes third-party intellectual property rights, please email admin@stuartjames.com.auwith sufficient information to enable me to determine who the owner of the intellectual property is and to remove it from the Stuart James website if appropriate.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to me in this regard.

Website security

Stuart James Pty Ltd make efforts to maintain the security of the Stuart James website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business.

However, we do not guarantee the security of the website, our records, or your content.

Stuart James disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

The Stuart James website is managed by third-party services; therefore, the website may be inaccessible from time to time.

Disclaimer

While every care is taken, Stuart James does not guarantee the accuracy of the information contained within this website. The information available through this website is provided for educational purposes only. Business processes and laws do change over time, and this may affect previous content not yet updated on the Stuart James website.

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Limitation of liability

Stuart James will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

Indemnity

You agree to indemnify and defend Stuart James from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of this website, or products or services included or advertised on this website
  • your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us through the contact us page or otherwise by email addressed to admin@stuartjames.com.au. Stuart James may provide notice to you via email or other electronic means.

Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stuart James as a result of this agreement or use of this website.

These terms and conditions together with our privacy policy form the entire agreement between you and Stuart James.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Feedback, comments, or complaints

If you have any questions, please contact admin@stuartjames.com.au. We will endeavor to respond to all inquiries within three business days.