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Terms and Conditions
Welcome to the website of Leading Image School Photos Pty Ltd (ABN 80 138 481 839) and KK School Photos Pty Ltd (Leading Image Tasmania (ABN 57 164 016 095) (“we”, “us” or “Leading Image”).
This Website is located on the web via the domain https://leadingimage.com.au and includes all of the files located in that domain (“the Website”).
Agreement to these Website Terms and Conditions
By accessing this Website, you agree to be bound by these terms and conditions (“Website Terms and Conditions “). These Website Terms and Conditions constitute a binding agreement between you and Leading Image and govern your use of this Website.
Privacy Policy
As part of these Website Terms and Conditions, your use of this Website is also subject to our Privacy Policy (located at https://leadingimage.com.au/privacy-policy/), which is incorporated by reference into these Website Terms and Conditions.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this Website. By using this Website you represent and warrant to Leading Image that you are over the age of 18 years.
Should Leading Image suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Use of Our Photography Services
Leading Image products and prices can vary without notice. If you are not sure at the time of ordering, please contact us to confirm details prior to making your order. Some schools may also request variances to the advertised product and confirmation of the package content can be confirmed by contacting us directly.
Leading Image adheres to the below policies on photo editing and related topics. We encourage parents or guardians to contact us directly if you wish to discuss your child’s requirements prior to the day of the scheduled photography session.
Any rescheduling of school photography sessions must be made by the school who made the booking, and cannot be made by individual parents or guardians. We are unable to reschedule school photography sessions if your child is absent on the day of the booking, or if you are unhappy with the images supplied.
Images to reflect circumstances of the session
Leading Image will aim at all times to produce a pleasing school portrait that reflects an accurate point in time of that child’s life. We aim to produce only those types of photographs and photographic services that will enhance the prestige of the profession and play a part in raising the general standard of school photography in Australia.
Leading Image cannot guarantee that all images will meet each individual parent or guardian, or child’s, expectations. Parents and guardians should be aware that while we take the utmost care and consideration in providing our images, we cannot control how each individual appears, particularly within group images. It is our policy to not recreate images of an individual with Adobe Photoshop or other like programs.
The services of Leading Image are provided on the days booked and the circumstances that existed when each particular image is taken, and accordingly, we will not re-take individual or group portraits. It is our policy to only consider requests to reschedule group photography sessions that have been made by the school that made the original booking.
We do not reschedule group photography sessions if your child is absent on the day of the booking, and it is also our policy to not Photoshop in individual children who were absent on the day of the group photography session, unless the school requests that we reschedule the group photography session and confirms they will pay all costs associated with doing so.
Retouching of Photographs
- Definition of Airbrushing: We define the term “airbrushed / airbrushing” to describe professional modelling styled photographs in which a person’s imperfections have been removed, or in which their attributes have been altered extensively or enhanced, retouched or manipulated to look like or take the appearance of a model.
- We do not endorse the use of airbrushing as an image enhancing technique in relation to children’s school portraits.
- Definition of Blemish Removal / Retouching: We define the term “Blemish Removal” or “Retouching” as the removal of any temporary marks that are not a reflection of what the child looks like on a normal day-to-day basis. Examples are as follows: cold sores, bruises, scabs, and any other similar temporary marks.
- We endorse the use of Blemish Removal and Retouching techniques upon request from the parent(s) or guardian(s) of the child, providing the image will reflect an accurate portrayal of the year of that child’s life and not the small amount of days of that year that any temporary marks might appear. Therefore, if there are cold sores, bruises, scabs or any other temporary marks on the child’s portrait, that would not otherwise be present, in the year the portrait was taken, we may remove any temporary marks with the parents/guardians permission.
- We discourage the word “Airbrushing” and prefer that the words “Temporary Mark/s” are included in any description of the removal of any temporary marks on order forms.
- We do not carry out Temporary Mark removal / retouching without the parent / guardians permission.
- We do not endorse Temporary Mark removal/retouching on permanent blemishes, such as permanent scars or permanent acne.
Orders and Payment Options
Orders
Online orders for family photos must be placed before 4.30pm the day before photo day, NO families will be photographed if an order has not been received by this time. This applies to ONLINE payment Schools only.
By placing an order through this Website, you make an offer to us to purchase the products that you have selected pursuant to these Website Terms and Conditions. Information contained in this Website constitutes an invitation to treat only. No information in this Website constitutes an offer by us to supply any products/services to you – however, Leading Image will endeavour to supply your selected products/services to you.
We will not commence processing any order made through this Website unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Website Terms and Conditions, cancel all or part of your order; and
- at any time:
- refuse to provide products or services to you;
- terminate your access to this Website; and/or
- remove or edit any content on this Website.
Acceptance of orders
Acceptance of each order will take place if and when Leading Image:
- in the case of physical items, sends the requested items to you, at the time at which the items are despatched by Leading Image, and title to, and risk in, the items will pass from Leading Image to you at that time
- in the case of digital items, either:
- sends the requested items to you, at the time at which the items are sent by Leading Image; or
- notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by Leading Image,
and title to, and risk in, the items will pass from Leading Image to you at that time; or
- in the case of services, either:
- provides the services to you, at the time at which Leading Image commences providing the services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by Leading Image.
Payment methods
Payment methods accepted by Leading Image vary from school to school and are decided in consultation with each school. Our usual methods of payment are cash, Visa or MasterCard, most other well recognised corporate cards plus Apple Pay, Google Pay and direct payment via our online secure payment platform managed by Stripe.com.
We recommend that you research your payment options at the checkout step before making payment to ensure the best payment method suits your needs.
In all cases payment must be received before the product is ordered and dispatched.
Online payments incur a 2% Administration and Handling fee, which may be subject to change and will be communicated to you at the time of payment in accordance with the Australian Consumer Law.
Stripe secure payment gateway
Leading Image uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).
Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Security
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Leading Image.
Leading Image may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Leading Image considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Returns, refunds and exchanges
Except as expressly provided otherwise in these Website Terms and Conditions and required under the Australian Consumer Law, all amounts paid through this Website are non-refundable. Further information on the steps that Leading Image will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms and Conditions below.
We do not offer exchanges on digital or hardcopy photographs due to the unique nature of the product, being personal images produced at your request as these products cannot be reused or on sold therefore we recommend that you order your product wisely.
No refunds are given on digital products that are emailed out.
Refunds on all returns are conditional on the products being returned. Once products are received at our office, a refund will be issued within 14 30 days.
Shipping & delivery
Leading Image, ship all our products using Australia Post and a professional freight company.
We cannot be held responsible for their delivery policies or disruptions. We will endeavour to help track down lost or stolen products with these suppliers but ultimately any issues will need to be directed to the shipping company for them to remedy.
If your order has been placed in bulk with the entire school and was received on the day of photos, we will deliver the finished product within 3 working weeks from final school approval, unless otherwise arranged with the relevant school.
If you believe a delivery schedule has not been met, please contact us directly to enquire about any potential delays.
If you are placing an order via our second chance system or as a reorder we ask that you allow 4 weeks for this order to be completed and sent to you. This extra time is needed to allow for a separate ordering process, although we endeavour to provide orders before this time. Once again, if you experience a delayed delivery please contact us directly so we can assist or offer an explanation.
Quality
Leading Image strongly believes in producing a quality product and wherever possible will use professional paper.
Restrictions on Use of this Website
Prohibited conduct
Your use of this Website is subject to the following rules.
YOU MUST NOT:
- use any device, routine or software that interferes, or attempts to interfere, with the proper working of this Website;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
- use this Website by any automated means;
- use this Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this Website;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
- reproduce, duplicate, copy or store any of the material appearing on this Website other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this Website;
- do anything that leads, or may lead, to a decrease in the value of Leading Image’s intellectual property rights in this Website;
- use or exploit any of the material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Website;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Leading Image without Leading Image’s prior written consent; or
- use this Website to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Leading Image or any of its staff into disrepute.
Violations of these Website Terms and Conditions
Without limiting any other remedies available to Leading Image at law or in equity, Leading Image reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this Website or refuse to provide products or services to you if:
- you breach any provision of these Website Terms and Conditions;
- Leading Image is unable to verify or authenticate any information that you provide to us; or
- Leading Image believes that your actions may cause damage and/or legal liability to Leading Image, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that Leading Image, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms and Conditions.
Indemnity
You indemnify and hold harmless Leading Image and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this Website;
- your use of, or connection to, this Website; or
- your negligence or misconduct, breach of these Website Terms and Conditions or violation of any law or the rights of any person.
Intellectual Property
Copyright
In these Website Terms and Conditions, the term “Proprietary Content” means:
- this Website;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by Leading Image in connection with the products and services offered through this Website (whether hosted on the same server as this Website or otherwise).
All Proprietary Content is the property of Leading Image or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms and Conditions or with the prior written consent of Leading Image or other copyright owner (as applicable).
You may download and print out content from this Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADING IMAGE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS WEBSITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Website is provided strictly on an “as is” basis. To the maximum extent permitted by law, Leading Image and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this Website will meet your requirements or expectations;
- anything on this Website, or on any third-party website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this Website or the servers that make it available are free of viruses or other harmful components.
Limitation of Liability
Exclusion of liability
To the maximum extent permitted by law, Leading Image and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms and Conditions or the use of this Website by you or any other person.
Release
You agree that your use of this Website is at your own discretion and risk. You agree to release Leading Image and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms and Conditions or the use of this Website by you or any other person. Leading Image may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms and Conditions, Leading Image excludes liability for any delay in performing any of its obligations under these Website Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Leading Image, and Leading Image shall be entitled to a reasonable extension of time for the performance of such obligations.
Severability and Variation
Severability
The provisions of these Website Terms and Conditions are severable and, if any provision of these Website Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
Leading Image reserves the right to amend these Website Terms and Conditions and any other policy on this Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the products/services offered through this Website.