Last updated: January 20, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.michellebuchanan.com.au website (the “Service”) operated by Michelle Buchanan Photography & Design (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

E-Commerce

We offer products and services for sale on this site.  To avoid learning your credit card information we partner with PayPal and Stripe and never learn or store your credit card information.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Michelle Buchanan Photography & Design and its licensors.

Usage Licence

Subject to your compliance with these terms and the law, you may access and use the service and the content files.  When purchasing content such as stock images or downloading free content you are granted a non-exclusive, non-transferrable limited usage licence.  Please read through the licencing and image use terms before you make a purchase or download free content so that you can ensure you can use the content in a way that complies with the licence.  You can read the full standard usage licence terms here.

Refunds

We advise you to make your purchase with careful consideration. Due to the nature of the products we offer being digital products whereby the files are available to you to download and store on your computer, device or other file storage system, we do not offer refunds or exchanges. However, if you are unhappy with your purchase please email [email protected] to discuss.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Michelle Buchanan Photography & Design.

Some of these links may be advertising or affiliate links, whereby if you click one of these links and/or make a purchase, we may get a commission in exchange.  We will use reasonable efforts to notify you when and where we use ads or affiliate links on this website or in related communications.

Michelle Buchanan Photography & Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Michelle Buchanan Photography & Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Testimonials and Comments

Any testimonials reflect the accurate expression of the person quoted, however, your results with any particular product or service may vary.

This site allows users to comment. Comments are the responsibility of the commentor. You agree not to use hateful, abusive, offensive or obscene language towards others;  not to threaten others with violence; not to use or attempt to use another person’s account and not to post material that infringes on another person’s intellectual property rights. If you do any of these things we may remove your content or cancel your account without prior notice or liability.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].