Terms of Use | Tracey Jones Photo

Terms and Conditions

Welcome to Tracey Jones Photography (hereinafter referred to as “Tracey Jones Photography,” “we,” or “us”)! We are an online digital media retailer that provides our customers with access to photography books, lessons, courses, and prints.

These Terms of Use govern your use of our service. As used in these Terms of Use, “Tracey Jones Photography’s service,” “our service” or “the service” means the service provided by Tracey Jones Photography for discovering and purchasing our photography books, lessons, courses, and prints, including all features and functionalities, Website (as defined below), and user interfaces, as well as all content and software associated with our service.

1. Acceptance of Terms of Use. These Terms of Use govern your use of the Tracey Jones Photography service. By using, visiting, or browsing the Tracey Jones Photography Website, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Tracey Jones Photography service.

2. Changes to Terms of Use. Tracey Jones Photography may, from time to time, change these Terms of Use. Such revisions shall be effective immediately. Your continued use of our services following the posting of the revised Terms of Use means that you accept and agree to the changes.

3. Communication Preferences. By using Tracey Jones Photography, you consent to receiving electronic communications from Tracey Jones Photography, including but not limited to, newsletters, receipts, confirmation of purchase, requests for feedback, and information about new products and offers. These communications may involve sending emails to your email address provided during registration or posting communications on Tracey Jones Photography. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. If you no longer want to receive certain non-transactional communications, you can always change your preferences or opt out.

4. Payment Methods. We accept payment by the following methods only:

- Stripe – For credit cards. Please see their terms here.

- PayPal – For credit cards and money transfers. Please see their terms here.

- Cash – For in-person services only

- Square – For EFTPOS transactions for in-person services only.

5. The Tracey Jones Photography website, traceyjonesphotography.com (“Website”) and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Tracey Jones Photography and any content viewed through our service are for your personal and non-commercial use only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.

6. We continually update the Tracey Jones Photography service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of courses, delivery, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

7. You agree to use the Tracey Jones Photography service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through Tracey Jones Photography, without express written permission from Tracey Jones Photography and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Tracey Jones Photography’s service; use any robot, spider, scraper or other automated means to access Tracey Jones Photography’s service; decompile, reverse engineer or disassemble any software or other products or processes accessible through Tracey Jones Photography; insert any code or product or manipulate the content of Tracey Jones Photography in any way; use any data mining, data gathering or extraction method, and attempt to interfere with the proper working of the Website and Tracey Jones Photography services. You also agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with Tracey Jones Photography, including any software viruses or any other computer code, files, or programs. In addition, you agree not to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

8. The availability of courses and lessons will change from time to time.

9. Referral Program Terms and Conditions:

1. Eligibility: This referral program is available to all individuals who share the referral code provided by Tracey Jones Photography.

2. Referral Code Benefits: The referral code entitles the recipient to a 10% discount on any service offered by Tracey Jones Photography.

3. Referral Rewards: For every successful use of the referral code, the referrer will receive a complimentary 30-minute Photo Review Session via Zoom.

4. Availability: This offer is subject to the availability of Tracey Jones Photography’s services. Tracey Jones Photography reserves the right to limit or reschedule sessions based on service availability.

5. Non-Transferability: The referral rewards are non-transferable and cannot be exchanged or substituted for any other product, service, or monetary value.

6. Redemption Process: Upon the successful use of the referral code, Tracey Jones Photography will contact the referrer to arrange the Photo Review Session.

7. Changes to the Program: Tracey Jones Photography reserves the right to modify or terminate the referral program at any time without prior notice.

10. Disclaimers of Warranties and Limitations on Liability:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE TRACEY JONES PHOTOGRAPHY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TRACEY JONES PHOTOGRAPHY SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER TRACEY JONES PHOTOGRAPHY NOR ANY PERSON ASSOCIATED WITH TRACEY JONES PHOTOGRAPHY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF TRACEY JONES PHOTOGRAPHY’S SERVICES, SOFTWARE, AND CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER TRACEY JONES PHOTOGRAPHY NOR ANYONE ASSOCIATED WITH TRACEY JONES PHOTOGRAPHY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES, OR THAT ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TRACEY JONES PHOTOGRAPHY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TRACEY JONES PHOTOGRAPHY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TRACEY JONES PHOTOGRAPHY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect

11. Gifts & Promotions.
In certain jurisdictions, redemption/gift cards for Tracey Jones Photography may be available for purchase. From time to time, promotional codes may be available, including those provided as part of third-party promotions. Promotional codes can only be redeemed according to the specifics of the promotion. Gift cards and promotional codes are valid for one-time use only, cannot be redeemed for cash, and may be combined with other offers, subject to restrictions determined solely by Tracey Jones Photography. If you received a promotional code from a third party, additional conditions may apply.

12. Intellectual Property.

Copyright. The Tracey Jones Photography service, including all content provided on the website, is protected by copyright, trade secret, or other intellectual property laws and treaties.

Reporting Claims of Copyright Infringement.
To report a claim of copyright infringement, please provide:

Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works, a representative list of those works.
Identification of the material you believe is infringing in sufficient detail to allow us to locate it.
Adequate information to contact you (including your name, postal address, telephone number, and email address).
A statement that you have a good faith belief the material is not authorised by the copyright owner or the law.
A statement that the information in your notice is accurate.
A statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Address: Tracey Jones Photography, 56 Alchera Drive, Mossman, 4873, QLD, Australia

If you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that knowingly misrepresenting that material is infringing could result in liability for damages under Section 512(f) of the DMCA.

Counter-Notification Procedures.
If you believe material you posted was removed or access to it disabled due to a mistake, you may file a counter-notification by submitting a written notice to our copyright agent. A counter-notice must include:

Your physical or electronic signature.
Identification of the material that was removed and where it appeared before removal.
Contact information for you (name, address, telephone, and email).
A statement under penalty of perjury that you believe the material was removed by mistake.
A statement that you consent to the jurisdiction of the Federal District Court for your location (or any district where the website may be found) and will accept service from the person who filed the complaint.

Please send completed Counter-Notices to:
Address: Tracey Jones Photography, 56 Alchera Drive, Mossman, 4873, QLD, Australia

The DMCA allows restoration of removed content if the complainant does not file a court action within ten (10) business days of receiving the Counter-Notice.

Repeat Infringers.
We may disable or terminate the accounts of users who are repeat infringers in appropriate circumstances.

13. Applications.
You may encounter third-party applications (e.g., websites, widgets, software, or utilities) that interact with the Tracey Jones Photography service. These applications may collect data related to your activity and are provided solely as a convenience. Tracey Jones Photography is not responsible for these third-party applications, which are owned or operated by third parties not affiliated with or sponsored by Tracey Jones Photography. Use of these applications is at your own risk.

14. Use of Information Submitted.
Tracey Jones Photography is free to use any comments, ideas, concepts, reviews, or techniques ("Feedback") submitted by you for any purpose, including developing, marketing, and improving products or services, without further compensation to you. You agree not to enforce any "moral rights" regarding your Feedback where allowed by law. Tracey Jones Photography does not accept unsolicited ideas for classes or training. If you submit any unsolicited materials or ideas, you waive any claims regarding their use.

15. Indemnification.
You agree to indemnify and hold Tracey Jones Photography, its affiliates, licensors, and service providers harmless from any claims or damages arising from your violation of these Terms of Use or your use of the website.

16. Entire Agreement.
These Terms of Use, along with our Privacy Policy and Terms of Sale, constitute the entire agreement between you and Tracey Jones Photography and supersede all prior agreements concerning the website.

17. Survival.
If any provision of these Terms of Use is found to be invalid, the remaining provisions will remain in full force.

18. Testimonials.
By submitting a testimonial to Tracey Jones Photography, you grant us the right to use your name, image, and quote for marketing or branding purposes. We may edit or publish partial versions of your testimonial, but will not create a misleading impression. You may terminate this license by giving 30 days' written notice.

19. Purchases.
Any content purchased, including but not limited to books, courses, prints, and gifts, is for personal use only. Tracey Jones Photography remains the copyright holder and such content may not be shared, duplicated, or modified.

20. Returns.
Tracey Jones Photography does not accept returns of functional items. If your order arrives damaged, please take a photograph and contact us at info@traceyjonesphotography.com for assistance.

21. Cancellation by Tracey Jones Photography.
We may cancel events, activities, or courses for reasons such as illness, weather, or equipment failure. We will try to contact participants and may offer a rescheduled event or full refund if rescheduling is not possible.

22. Cancellation by Participants.
Cancellations for courses, tours, or lessons must be made at least 1 day in advance for a full refund or the option to reschedule. Cancellations made within 24 hours are non-refundable and cannot be rescheduled.

23.Privacy Policy

At Tracey Jones Photography, we value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you visit our website or use our services. Please read this policy carefully to understand how we manage your personal data.

1. Definitions

Non-Personal Information (NPI): Information that is not personally identifiable and is automatically collected when you access our website.
Personally Identifiable Information (PII): Information that can identify you personally, such as your name, email address, phone number, etc.

2. Information We Collect

We collect two types of information from you when you interact with our website: Non-Personal Information (NPI) and Personally Identifiable Information (PII).

Non-Personal Information (NPI): This may include your IP address, browser type, and other information related to how you interact with our website. This information is collected automatically when you access the site and is used to analyse trends, improve website functionality, and enhance user experience.
Personally Identifiable Information (PII): This is collected when you provide it directly to us. For example, when you place an order, sign up for a newsletter, contact us for support, or participate in a contest, we may collect personal data, including but not limited to your name, email address, and payment information.

3. How We Use Your Information

We may use the information we collect in the following ways:

To process orders and provide services requested by you.
To communicate with you, including sending confirmation emails, marketing promotions, and newsletters.
To improve our website, services, and customer experience based on your feedback and usage.
To prevent fraud and comply with applicable laws.

4. Sharing Your Information

We do not sell or rent your personal information to third parties. However, we may share your information in the following circumstances:

With third-party service providers who assist in delivering services, such as payment processing, customer service, and shipping. These third parties are contractually obligated to protect your information and use it only for the services they provide.
When required by law, such as complying with a subpoena, legal process, or a request from government authorities.

5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our website. A cookie is a small file stored on your device that helps us remember your preferences, track website traffic, and understand how users interact with our site. You can adjust your browser settings to refuse cookies, but doing so may impact the functionality of the website.

6. Data Security

We use industry-standard encryption and security measures to protect your personal information during transmission and storage. While we strive to protect your data, no method of internet transmission or electronic storage is completely secure, and we cannot guarantee absolute security.

7. Third-Party Links

Our website may contain links to third-party websites. These websites operate independently and have their own privacy policies. We are not responsible for the content or practices of any third-party sites, and we encourage you to review their privacy policies before providing any personal information.

8. Opting Out

You may choose to opt out of receiving marketing communications from us by following the unsubscribe instructions included in our emails or by contacting us directly. If you wish to delete or update your personal information, please contact us at the email address provided below.

9. Children's Privacy

Our website is not intended for children under the age of 18. We do not knowingly collect or solicit personal information from children. If you believe we have collected personal information from a child, please contact us, and we will take steps to remove that information.

10. Changes to This Privacy Policy

We reserve the right to modify or update this Privacy Policy at any time. Any changes will be posted on this page with an updated "Last Updated" date. We encourage you to review this policy periodically to stay informed about how we protect your personal information.

24. Contact Us

If you have any questions or concerns about these terms of use, or if you wish to access, correct, or delete your personal information, please contact us at:

Tracey Jones Photography
56 Alchera Drive, Mossman, 4873, Queensland, Australia
Email: info@traceyjonesphotography.com