TERMS & CONDITIONS
Please read the following terms and conditions carefully before using this website or engaging in its services. No variation or modification of these terms and conditions shall be valid unless accepted in writing by both Brooke Petro and the Client.
“The Client” refers to a parent/guardian of a childcare/kindergarten child, who wishes to view or purchase photographs of his/her child provided by Brooke Petro, "the Photographer".
1. Collection and Use of Information
The Photographer aims to provide a high quality online ordering service to its clients. In order for this to occur, some information from the Client may be required to be collected and stored including all correspondence between the Client and the Photographer. These details will not be made available to any outside companies or individuals. The Photographer uses personally identifiable information for essential communications, such as Emails and accounts information. Some financial information (such as credit card number, expiration date) may also be requested for the use of billing purposes and to fulfill orders.
2. Storage of Collected Information
The security of your personal information is important. When you enter sensitive information (such as credit card numbers) on the Brooke Petro Photography website, information is encrypted using secure socket layer technology (SSL). When Credit Card details are collected, the information is passed on to the Credit Card verification service in order to be processed as required. Credit Card details are never permanently stored by the Photographer. Generally accepted industry standards are followed to protect the personal information submitted, both during transmission and once it's received.
1. The Photographer reserves the right to disclose the Client's personally identifiable information as required by law and when the Photographer believes that disclosure is necessary to protect her rights and/or comply with a judicial proceeding, court order, or legal process served on the Brooke Petro Photography website.
2. In the unlikely event of total photographic failure i.e. during exposure or processing, the Photographer's liability shall be limited to a full refund of all monies paid.
The Photographer uses the PayPal and Stripe Payment Gateways for online credit card transactions. These services provide a safe and secure means of collecting payments via the Internet. Payments are fully automated with an immediate response. The Client's complete credit card number cannot be viewed by the Photographer or any outside party. All transactions are performed using 128 Bit SSL Certificate. Neither PayPal nor Stripe have access to the Client's bank account; all monies are directly transferred from the Client's credit card to the merchant account held by the Photographer.
The Photographer shall be granted creative and artistic license. The Photographer will strive to capture pleasing natural portraits but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. The style and number of images are also dependent on the weather, lighting and the availability and willingness of the subjects. In post-production, the Photographer reserves the right of artistic judgement in utilising retouching and image manipulation where appropriate. Further custom or client directed retouching is an additional $20 per image. The final selection of photographs will be entirely at the discretion of the Photographer.
An online gallery of all proofs will be available to the Client for viewing. The Client will be notified directly by email when the photographs are ready to be viewed online after they have been edited and uploaded to the gallery 2-4 weeks after the Photo Week unless otherwise notified. The delivered format will depend on the package purchased. Package details will be outlined online.
Orders are to be placed online within 10 days of access to the online gallery. If circumstances arise that the Client is unable to place their order during the initial 10 days, the gallery can be reactivated for one additional 7-day time frame.
After ordering online, the Client will receive an email confirmation containing his/her order details. The Photographer will attempt to deliver prints to the childcare/kindergarten centre for collection within 4 working weeks. The Photographer will not be liable for delays that are beyond reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc. If you wish to query a delivery please get in touch via email firstname.lastname@example.org
USE OF IMAGES AND COPYRIGHT
1. The Client agrees that the Photographer owns the Copyright in all photographs. The Client gives permission to the Photographer to use any image of the session for industry competitions and as required subsequent usage and for reasonable general promotional advertising for the Photographer.
2. Digital and print photographs will be available for viewing and purchase via an online ordering system. Digital images will be provided as digital files on a password protected area of the Brooke Petro Photography website. The Photographer undertakes to retain back-up copies of all images provided to the Client for a period of one year.
3. As the Photographer owns the Copyright, when purchasing printed products, the Client agrees not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan any images. If the Client purchase digital images, the Client is granted authorisation to obtain unlimited reprints for personal use only. The digital photographs provided may not be sold, edited, altered (other than resizing for print) or used for any commercial purpose under any circumstances, without written permission. The Client will use the photographs as agreed above and understand that by not doing so is a breach of this agreement.
4. Low resolution images may be used by the Client on social media sites and email for the Client to share with friends and family. The Client is welcome to share these images; however altering the image in any way is a direct breach of Copyright.
5. All purchased images will remain on file for 2 years. Due to file storage limitations, unpurchased images will be deleted on 31 December each year at the discretion of the Photographer.