INPHOTOGRAPHY LIMITED: WEBSITE TERMS OF USE

This website (at https://inphotography.co.nz or https://inphotography.nz) is owned by INphotography Limited (INphotography, we, our or us). Your use of this Website is governed by these terms of use and by accessing, browsing and/or purchasing from this Website you agree to be bound by these terms of use (as amended from time to time).

These terms of use are in effect from 17th September 2016.

Intellectual Property

All intellectual property on this Website, including without limit, the text, photographs, graphics and copyright works is owned by us (or our relevant content supplier). As such, we can use the intellectual property in any way for the purposes of conducting our businesses, including for marketing, advertising and promotional purposes. We are the exclusive owner of all rights in the compilation, design and layout of this Website.

Right to Use Website and Content

You may access and view the content on this Website provided you only use that content for your personal use or otherwise in relation to using or considering using any of the services we provide through this Website or otherwise. Except as expressly permitted under these terms and conditions or by us, you may not use, copy, sell, modify, share with third parties (whether or not for commercial gain) or create any derivative works from any of the intellectual property on this Website.

When we supply you with any full resolution photograph(s), we release our copyright in your copy of the photograph(s). All photographs are supplied for your personal use only, and you may not sell (or otherwise commercialise), modify or create any derivate works from it.

Passwords

INphotography may set up passwords in order to protect the privacy of the subjects of the images on the Website. To access certain products on the Website, you may be issued with a password. You must take reasonable steps to safeguard your password and not disclose or transfer it to any other person who is not authorised to access this Website.

We may (at our absolute discretion) terminate or suspend this Website or remove or re-issue any password at any time if we consider that any of the terms of use have been breached.

Goods and Services

You may offer to purchase goods described on this Website for the price specified on this Website. Your order may subject to terms of sale displayed on this Website or subsequently notified to you at the time of purchase.

All prices shown listed by us are in New Zealand dollars and prices include New Zealand Goods and Services Tax.

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the product in question.

All Liability Excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or accessed through it; and
  • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the content on or accessed through it.

If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.

Website Access

Although we have tried to ensure the content on this Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

You acknowledge that this Website may not always be available or some of the functions on this Website may be temporarily unavailable and that we will not be liable to you in respect of any inability to access or use this Website at any time.

Third Party Websites

This Website may contain links to third party websites, including payment providers. These websites have not been prepared by and are not controlled by us. We do not check, endorse, approve or agree with third party websites this Website links to. In Photography does not control and does not hold any credit card or any other payment details provided to third party payment providers.

Privacy

The Privacy Policy available on our home page governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use.

For privacy reasons, if you wish to share or publish any photograph you have purchased from us (for example, on your personal social media accounts), you must have the consent of all the identifiable individuals in that photograph. You acknowledge that use of our photographs by third parties once they have been purchased or otherwise supplied is out of our control.

Jurisdiction and Governing Law

This Website and content have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this Website will be governed by New Zealand law and will be dealt with by New Zealand courts.

Amendments

We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended terms of use.