TERMS & CONDITIONS
PHOTOSHOOTS
Please have a read at some of our small print. Our aim is to provide transparency throughout our services and we’re just one phone call or email away from any query.
Our Terms and Conditions might be amended on this website at any time. If so, you will be bound by them effective immediately and violating any of these will terminate your access or use of this website.
This website and all its content is property of Vanessa Torres Macho Photography, unless stated otherwise. Uploading, copying, reproducing, framing, republishing, distributing or modifying any of the material in it is strictly prohibited
Underwater Photography Sessions
Definitions
1.1 The ‘Photographer’, ‘Us’, ‘We’ refers to Vanessa Torres Macho Photography.
1.2 The ‘Client’ refers to ‘Your’, ‘You’ the individual or organisation who hires the photographer from Vanessa Torres Macho Photography on a freelance basis.
1.3 ‘Image’ and ‘Photographs’ refer to all photographic production by Vanessa Torres Macho Photography.
These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
All pricing is in Australian Dollars (AUD) and includes 10% GST. Vanessa Torres Macho Photography reserves the right to change the pricing without notice and at our discretion.
COPYRIGHT
2.1 The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
DISPLAY
3.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums unless stated otherwise at the time of booking
Payment for Underwater Photoshoot Sessions
4.1 A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
4.2 Payment in full of the remaining balance will be due two weeks before the underwater photoshoot day.
4.3 Additional goods ordered must be paid for in full at the time of ordering.
4.4 Titles to all goods remains with the photographer until paid for in full by the client(s)
Cancellations of Underwater Photoshoot Sessions
We will strive to manage cancellations in the most fair way, please do understand that we are a small business and rescheduling or cancellation without notice will have a high impact on our workflow.
Cancellations with more than 7 days before the photoshoot will be able to reschedule another date or choose a full refund.
Cancellations made within 7 days or less before the photoshoot will be able to reschedule another date ($100 admin fee applies) or have a 50% refund.
Unfortunately no-shows, late arrivals on the photoshoot date will not be eligible for a refund, these could include but are not limited to: change of mind, illness, traffic, unforeseen circumstances, weather, etc
In the very unlikely event of cancellation by the photographer or of total photographic failure the client will be able to reschedule or receive a refund for that particular photoshoot.
Any credit granted by Vanessa Torres Macho Photography will be granted at their discretion and can be withdrawn or varied by Vanessa Torres Macho Photography at any time.
All cancellations must be in writing.
DIGITAL NEGATIVE FILES
6.1 All digital negatives (computer files) remain the property of the photographer. All digital underwater packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
Iii. Vanessa Torres Macho Photography is not liable to provide every image taken at the underwater photography session. The determination of images delivered to the Client is left to the discretion of the Vanessa Torres MachoPhotography.
Iv. Vanessa Torres Macho Photography will maintain backup copies of the images in archives for a period of 1 year at which time the client may request all original JPEG digital files by USB at an additional cost of $100 including postage and packaging.
ON THE DAY
7.1 The photographer will be the sole professional (still) photographer at the agreed underwater photoshoot.
7.2 The photographer may have an assistant in attendance to help setup lights and equipment.
7.3 The Photographer(s) may use their personal mobile phones to take photos and videos on the day of your event, this is to promote the work of MAKSAM Photography onto social media in real-time.
7.4 Any additional services demanded from the Photographer(s) by you is chargeable at the Photographer(s) discretion.
7.5 The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests.
7.6 The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to refund the full amount paid under this agreement.
PERSONAL ACCIDENT
8.1 Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
DELIVERY
9.1 The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.
9.2 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer(s).
9.3 Vanessa Torres Macho Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB / CD / DVD that is supplied to Third Party Printers from High Street or online photo processing shops.
ONLINE SALES
Gallery & Online Purchases
Under Australian Consumer Law, we are not required to provide a refund or replacement due to change of mind.
No refunds will be accepted once the order has been printed or posted.
Vanessa Torres Macho Photography reserves the right to refuse a product if it is used, damaged, customised, missing parts or missing proof of purchase.
Sale items are not available for exchange or refund at any time
SHIPPING DETAILS
Please make sure the correct shipping address is included. Any order returned due to an incorrect delivery address will incur a re-shipping fee.
No cancellations of orders will be accepted once the order has been printed or posted.
We take great care in trying to deliver our products in the best possible way but we are aware that accidents can happen. If this is the case, please contact Vanessa Torres Macho Photography immediately. We will reply as soon as we can with a solution.
PRIVACY
Please read below how Vanessa Torres Macho Photography collects, uses, holds and discloses our clients information. We are committed to protecting the information collected and provided by our customers above all and we adhere to the Australian Privacy Principles guidelines (APP).
Why do we collect information?
If you contact us, visit our website or use our products and services, we may automatically store some details; this information helps us meet our customer’s needs and conduct business as usual.
What information do we collect?
We might collect information such as your name, contact number, email address, company’s name, billing address, IP address, credit card details, etc.
We do not collect any information of any person under 18 years of age or any sensitive data such as ethnicity, religious, sexual orientation, political opinions or any information about your health.
If you are a minor, please be aware that you will need to use our services with the consent and under the supervision of your guardian(s). Please do not send any personal information.
How do we collect and use this information?
By using our website www.vanessatorresmacho.com, sending emails or online forms and telephone conversations we will be able to collect some information to conduct our business and provide our services to you as well as to satisfy any legal, reporting or accounting requirements.
General purposes for using and disclosing personal information:
Providing photography or print services
Tax, account, reporting, debt collection, billing or other administrative purposes
Engagement with professional advisers
Legal requirements and insurance claims
Business transfers; the information disclosed will be done in good faith
We are very serious about sharing any identifiable information to any third party; we do not sell or rent any of these details.
We might disclose personal information to third parties for administrative and business purposes; these overseas recipients may have a different privacy policy. We will endeavour to take as many reasonable steps to ensure that these companies comply with the APP or are bound by a similar privacy policy, however it is your responsibility to find out about these privacy policies.
Our website might have links to third party websites, plug-ins and apps, please be aware that we do not control these websites and we encourage you to read their privacy policies as we are not responsible for those.
Our website contains links to our social media; by using the ‘liking’ or ‘sharing’ feature options of the Site it may collect your IP address and set a cookie to enable the full function. These interactions are governed by the privacy policy of the company that provides the feature.
We endeavour to ensure that the personal information we hold is accurate and up-to-date. Our customers have the right to request access to their personal information and make any necessary corrections, erasures or restrictions.
In these instances, Vanessa Torres Macho Photography will require verification of identity and specification of what information is required. Please be aware there may be a fee for this process and we can advise of the likely cost in advance.
Cookies
Cookies are files that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server. Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You can set your browser to reject the use of all or some cookies, however, be aware that disabling or refusing cookies might prevent you from accessing all areas from our website.
Your consent
By using our website, you consent to our online privacy policy. Please make sure you read it carefully and contact us at vanessa@vanessatorresmacho.com if there are any doubts.
Updates to this Privacy Policy
Our website reserves the right to make any necessary changes to make sure our privacy policy remains current. Any changes will be effective immediately. We encourage you to return periodically to review any of these changes.