1.         Terms of use

1.1.    In these terms of use, "we", "us" and "our" means Andrew Welch Photography and Capital Photography (ABN 64746710595) of GPO Box 39, Canberra ACT 2601. Please read these terms of use carefully as they apply to your use of this website including any content on it (Website). By accessing or using the Website you agree to be bound by these terms of use.

1.2.    We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made. These terms were last changed on 2 March 2025.

2.         Copyright and other rights

2.1.    The Website is subject to copyright and possibly other intellectual property rights.

2.2.    The text, images, works and all data, in particular the photographs, sculptures, etc featured on the Website (Website Content) featured on the Website are also protected by copyright.

2.3.    Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.

3.         Licence to use the content on the Website

3.1.    We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

3.2.    We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.

3.3.    Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at contact@andrewwelchphotography.com.au if you wish to seek such consent.

3.4.    Subject to applicable law, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.

4.         Linking to the Website

4.1.    We encourage you to provide links to the Website. While you may use the name “https://www.andrewwelchphotography.com.au” in the text of any such link, you may not use the Andrew Welch Photography logo or any of our other trade marks without our prior written consent. 

4.2.    You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us.

4.3.    If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

5.         Accuracy of content

5.1.    While every effort has been made to show as accurately as possible the colours of the photography that appear on the Website, we cannot guarantee that your computer monitor will display the colour of the photography accurately.

5.2.    Some of the information on the Website may be provided by third parties, including descriptions and photographs of the artwork. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.

6.         Registration

6.1.    You are not required to register to use the Website.

6.2.    Certain features on the Website may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.

6.3.    You may cancel your registration by notifying us by email at contact@andrewwelchphotography.com.au and providing your user name

7.         Email and SMS services

7.1.    The Website provides various ways for you to receive emails from us, such as alerts when new content is made available. You can manage these emails from us and elect not to receive them by contacting us at contact@andrewwelchphotography.com.au

7.2.    The Website also allows other users to send you emails about content on the Website, such as our “email a friend” function. We do not control the users of the Website and cannot be held responsible for emails that may be sent to you in this manner. If you send such an email, you must ensure that the recipient wishes to receive the email.

7.3.    If you receive unwanted emails from us, you may contact us to request that emails to you be discontinued by contacting us at contact@andrewwelchphotography.com.au.

7.4.    While our email and SMS services are provided free of charge from us to you, we are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.

8.         Your content

Your responsibilities

8.1.    You must not provide any material through the sharing function (Your Content) that:

a            infringes the intellectual property or other rights of another person;

b            is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; 

c            relates to unlawful conduct;

d            creates a privacy or security risk to any person, including by soliciting personal information from any person;

e            solicits money from any person;

f              is false, misleading or deceptive;

g            contains financial, legal, medical or other professional advice;

h            would harm, abuse, harass, stalk, threaten or otherwise offend;

i              would reflect negatively on us, including our goodwill, name and reputation;

j              tampers with, hinders the operation of, or makes unauthorised modifications to the Website;

k            would breach any applicable laws; or

l              would otherwise result in civil or criminal liability for you, us or any third party.

Indemnity

8.2.    You agree to indemnify and hold Andrew Welch Photography (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.

9.         General restrictions

9.1.    In using the Website, you must not:

a            provide us with inaccurate or incomplete information;

b            violate any applicable laws, or use the Website for any purpose that is unlawful;

c            use the email functionality of the Website to send unwanted emails or spam;

d            distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

e            collect or store personal data about other users of the Website; or

f              engage in any other conduct that inhibits any other person from using or enjoying the Website.

10.      Warranties and liabilities

10.1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.

10.2. In particular, and without limiting paragraph 11.1:

a            while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and

b            we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

10.3. We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.

10.4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $500.

10.5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

a            special, indirect, consequential, incidental or punitive damages; or

b            damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,

whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

10.6. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.