1. In General

    In these Terms and Conditions, “we”, “us”, “our” or “Browning Media” means Browning Media Proprietary Limited.

    Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

    Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service or Terms and Conditions without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

    This Website also contains links to other websites, which are not operated by Browning Media (the “Linked Sites”). Browning Media has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

    1. Privacy Policy

    Our privacy policy, which sets out how we will use your personal information, can be found HERE. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

    1. Prohibitions

    You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Browning Media will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

    The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.

    1. Intellectual Property, Software and Content

    The intellectual property rights in all software and content made available to you on or through this Website remains the property of Browning Media, its clients or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Browning Media, its clients and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the written permission of an authorised representative of Browning Media.

    You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Browning Media or its licensors.

    Browning Media retain ownership of all intellectual property and other rights in any materials or photographs produced or created by us during the provision of services. You are granted an irrevocable, royalty free license to use those materials upon payment in all media throughout Australia & International for promotional purposes only.

    1. Registration

    Where you register for any area of this Website, the following terms and conditions apply.

    You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

    Browning Media reserves the right to close or take action against one or all of your accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

    If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Browning Media account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

    Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Browning Media account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Browning Media account(s).

    1. Terms of Sale

    By placing an order for any services on our Website you are offering to purchase the services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

    Shoot schedule times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from scheduling delays or force majeure for which we will not be responsible. Please see our RETURNS POLICY for further information.

    In order to contract with Browning Media you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

    Browning Media retains the right to refuse any order made by you.

    When placing an order you undertake that all details you provide to us are true and accurate, that you are authorised to request the services for the specified property/properties, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the service/s.

    The cost of services may fluctuate. All prices advertised are subject to such changes. All prices include GST.

    Properties outside a 20km radium of the Geraldton CBD, may incur additional travel charges at up to $0.40 per kilometer. This will be outlined to you prior to undertaking any services.

    Our Contract

    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the service/s will not be formed until your payment has been approved, our billing agent has debited your credit or debit card, and a shoot date has been set.

    1. Pricing and Availability

    Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any service/s which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

    The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

    1. Payment

    We appoint Commonwealth Bank of Australia Pty Ltd (ABN 61 814 236 264) of Ground Floor, Tower 1, 201 Sussex Street, Sydney, NSW 2000 as our billing agent, but you will see Browning Media’s name on your invoice and on your transaction history if you pay by credit or debit card. Please contact us via email if you have any questions about invoicing and payment for service/s.

    Upon receiving your order, our billing agent may carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Service/s will not be booked until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

    1. Discount Codes

     

    1. Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
    2. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
    • Any further conditions of use relating to any discount code will be specified at the time of issue.

    These T&Cs relate to all Browning Media promotions, competitions and discount codes (unless otherwise stated).

     

    1. Only one promotion code can be used per order
    2. Maximum pre-discount spend limit of $500 applies per order
    • Selected service exclusions may apply
    1. A promotion code can’t be used after an order has been placed
    1. Gift Vouchers

    Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by, our contact us via our contact details at the bottom of this page.

     

    1. We cannot accept any responsibility for stolen or deleted gift vouchers.
    2. We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We cannot be responsible for any delays, no matter how they are caused.
    • If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
    1. From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
    2. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
    1. Returns and Collections

    Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

    If you wish to cancel your purchase/booking, Browning Media will offer you a full refund provided that:

    1. You cancel your booking NO LATER THAN 24 hours prior to the booked date and time and
    2. Your cancellation request is recognised via return email or verbal confirmation from Browning Media.

    If these requirements are not satisfied, Browning Media reserves the right NOT to offer an exchange voucher or refund for changes of mind etc, and also reserves the right to charge a $75 late cancellation fee.

    If you wish to reschedule your booking, Browning Media will offer you an alternative date/time provided that:

    1. You request a reschedule NO LATER THAN 24 hours prior to the booked date and time and
    2. Your request is recognised via return email or verbal confirmation from Browning Media.

    Please note, Browning Media reserve the right to change the time and date of the scheduled shoot without notice.

    1. Other returns

    Browning Media will accept returns and provide you with the equivalent of an exchange voucher, refund or further editing work where:

    1. The product is faulty, unusable or is not of acceptable quality, or
    2. The product is not fit for its intended purpose.
    • You agree to inspect all services and/ or products and notify us of any defects within 5 working days of the creation of the services and/ or products, failing which we will have no liability for any defects.

    However, please note that Browning Media reserve the right to decide the final content, quantity and quality of images they provide to their clients. If you are not satisfied with the content, quantity or quality of photos taken of your property, please contact Browning Media to discuss your concerns. Further charges may apply.

    1. Disclaimer of Liability
    2. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions or their subject matter, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law.

     

    1. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

     

    1. In particular, our services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

     

    1. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Browning Media is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Browning Media for breach of the Non-Excludable Provision is limited to the following at Browning Medias’ option:

     

     

    1. In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

     

     

    1. Subject to Browning Media’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Browning Media is not liable for, and no measure of damages will, under any circumstances, include:

     

    1. special, indirect, consequential, incidental or punitive damages; or

     

    1. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including 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.

     

    1. Linking to this Website

    You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    We reserve the right to withdraw linking permission without notice.

    1. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

    Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Browning Media and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Browning Media.

    1. Indemnity

    You agree to indemnify, defend and hold harmless Browning Media, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.

    1. Variation

    Browning Media shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

    1. Invalidity

    If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

    1. Complaints

    We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

    1. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Browning Media.

    1. Governing Law and Jurisdiction

    These terms and conditions are to be construed in accordance with the laws of Western Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Western Australian courts.

    1. Entire Agreement

    The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Browning Media.