Welcome to The Memory Curator, Allison Lee Photography [ABN 59258299758] and allisonlee.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing allison@allisonlee.com.au. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.
To not rely on any information
The information we provide is for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk.
To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening or abusive content;
- any content that breaches the rights of a third party (e.g., which is defamatory);
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
- our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
- our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at allison@allisonlee.com.au if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Allison Lee t/as The Memory Curator and Allison Lee Photography [ABN 59258299758] and includes any of our employees, agents, partners and contractors.
ADDITIONAL TERMS OF SERVICE FOR OUR ONLINE COURSES
These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of The Memory Curator and Allison Lee Photography [ABN 59258299758] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
WHAT WE WILL PROVIDE
Our Online Courses teach you how to organise your photos and use them to create projects such as photobooks and videos. We provide various materials to help you during the Online Course, including diagrams, documents, photographs, spreadsheets, videos and worksheets.We also have group sessions.
BEFORE PURCHASE
Things you must do before purchasing Online Courses on our website
You must:
· be 18 years old or have parental consent;
· provide complete and accurate information to us, and promptly inform us of any updates to your information; and
· ensure you have adequate technology set up and internet access to participate in the Online Course. We use Facebook Group, Zoom video conferencing, Teachable and may use other online software in the future.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
· We cannot take into account your personal situation or your personal goals or objectives when providing the Online Course. The Materials are general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;
· The Online Courses teach you how to organise your photos and then use them to create projects such as photobooks and videos. The Online Courses can be very subjective, and what may be pleasing to some may not for others. Whilst we will try to work and accommodate participants, we cannot always please everyone;
You further acknowledge and agree that there may be:
· occasional errors or omissions in Online Course descriptions, prices, availability and promotions;
· some Online Courses with limited places, and some courses that are limited to certain regions or groups of people; and
· technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Courses. We also cannot guarantee the results of the Online Course as they are dependent on your learning, actions and implementation.
You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Courses. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
You must:
· pay for the Online Course via the published payment methods available;
· make the deposit or full payment as required by us prior to commencement of the Online Course as your place cannot be reserved or confirmed until payment is received; and
· have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.
You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
· maintain the confidentiality of your login and password for your account;
· not allow other people to use the Materials or your account;
· contact us by email at if you have any difficulty downloading any Materials;
· not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
· contact us by email at if you have any issues with the Online Course
· seek our prior written consent before any publication of information about us; and
· in the case of a dispute keep all communications confidential.
You acknowledge and agree that it is your sole responsibility to backup and retain copies of your photos and we are not liable for any loss or destruction of your photos.
We have group sessions where you can be part of our community but please follow our rules
We encourage you to engage with us and other participants during the Online Course, however, you must comply with our rules at all times.
You must respect the other participants in the Online Course and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful in any way. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.
Acknowledgements you make in relation to privacy and confidentiality
During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information.
You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Course and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessingonline technology.
Posting rules
You must not post any of the following, which is determined at our discretion:
- any inappropriate or offensive, threatening or abusive content;
- any immoral content, including but not limited to, anything pornographic or obscene;
- any illegal content, including any content which is defamatory;
- anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
- any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free perpetual irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to online events
You acknowledge and agree that we may make recordings of online events that you participate in. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the online event is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at allison@allisonlee.com.au.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
· change and update information including availability and promotions;
· change prices or descriptions of our Online Courses;
· change our range of Online Courses; or
· discontinue any Online Courses.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Online Courses are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Online Courses or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.
If we need to cancel your order, we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Course where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole course, we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of course sessions at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law or if stated in your course materials at the time you purchased the course.
We can refuse your participation in our Online Courses at any time
We may refuse to provide our Online Courses to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services, any account and disable your ability to purchase of our Online Courses. We can also change, suspend or stop providing Online Courses at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Courses.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Courses is for the duration of the Online Course only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at allison@allisonlee.com.au to seek consent.
RELIANCE ON ADVICE DISCLAIMER
Our Materials consist of general information only. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, our recording of any events, and changes to dates and times of Online Courses.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
· the replacement of the Online Course or the supply of an equivalent Online Course; or
· the payment of acquiring an equivalent Online Course.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Course you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our diagrams, documents, photographs, spreadsheets, videos and worksheets and any and all online program and course materials, and anything provided to you during the course.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Course means courses available on our Website from time to time provided by The Memory Curator and includes all Materials.
We, us, or our means Allison LeeThe Memory Curator and Allison Lee Photography [ABN 59258299758] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services meansallisonlee.com.au,and everything available on this website including, but not limited to, all Online Courses.
