1.          Definitions

For the purpose of this agreement:

Launch Imaging and we/our/us means Launch Imaging Pty Ltd ACN 641 107 619;

You/your means a client of Launch Imaging;

Photographs means all photographic material furnished by the Launch Imaging; whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material; and

Licence means those rights in the Photographs pursuant to Clause 5 licensed to you under any contract of licensing agreement we make with you.

2.          Application of terms

By engaging our services you agree to be bound by these terms. We may amend these terms and conditions from time to time. These terms are governed by the laws of Australia.

3.          Products and services

We offer for sale all products and services listed on our website. We reserve the right to amend the range and prices of our products and services at any time. All products and services are subject to availability. We will inform you as soon as possible if the product or service you have ordered is not available.

4.          Ownership and copyright

All Photographs are the intellectual property of Launch Imaging and title to and copyright in all Photographs remain the property of Launch Imaging at all times throughout the world. You agree that Launch Imaging is the sole author of all Photographs.

5.          Licence to use

Launch Imaging has exclusive right to license the use of all Photographs at all times. Mere possession of any photographs, slides, prints, transparencies or digital files does not grant you the right to use them.

Licensing agreements are specific with regard to use. You shall have the right to use Photographs only in the forums, media and contexts, within the region, for the period, and with the exclusivity as set out in the contract or license agreement we make with you.

Photographs may only be used for the purpose for which they were originally commissioned. Any use of Photographs beyond the purpose for which they were originally commissioned must be with the written consent of Launch Imaging and will be subject to a further fee. Photographs supplied for use in an advertising campaign may be used for the duration of the campaign only.

Licences cannot be transferred without Launch Imaging‘s written consent. You must not allow anyone else to use Photographs without our written permission.

In the case of Photographs supplied for use in an advertising campaign for the sale of real estate, Photographs may only be used in the course of advertising the sale of the real estate that is the subject of the Photographs. Photographs may only be used by successive real estate agents with the written permission of Launch Imaging. Photographs must not be used by any other parties or for any other purpose.

Proof images are supplied strictly for the purpose of selecting images for retouching and editing, and must not be used for any other purpose whatsoever. You are prohibited from sharing or publishing proof imagines in any manner, in any forum, media or context or with any other party whatsoever.

No alteration or manipulation of the Photographs may be made to any images we supply to you, whether proof images or final product, without the written permission of Launch Imaging.

You agree to return all Photographs and delete all digital copies from their systems within 30 days of the expiry of the License.

6.          Use for promotion and exclusivity periods

You may negotiate an exclusivity period with us.

If no exclusivity period has been agreed, the License is considered non-exclusive. Launch Imaging shall be entitled to use the Photographs at any time for any purposes.

If an exclusivity period has been agreed, you will be authorised to publish the Photographs to the exclusion of all other persons including Launch Imaging for the duration of the exclusivity period. On expiry of first initial exclusive period, you will be offered the first right to extend the License upon payment of a further fee. After the exclusivity period terminates, Launch Imaging shall be entitled to use the Photographs for any purpose whatsoever.

Regardless of whether or not an exclusivity period has been agreed, Launch Imaging retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting its products and company, unless reasonably requested not to do so.

7.          No returns or refunds

We do not accept returns or provide refunds for change of mind or rejection of final product, unless a rejection fee has been agreed in advance.

You are responsible for ensuring an authorised representative is present during all “shooting” phases of any assignment to approve the Photographer’s interpretation of the assignment. If no representative is present, the Photographer’s interpretation shall be accepted. You shall be bound by all approvals and changes made by your representatives.

8.          Booking, cancellation & revisit fees

Bookings for our services will not be effective until confirmed by us.

If you wish to cancel or reschedule with less than 3 hours notice, a cancellation fee equal to half the cost of the booking will be payable. Any deposit paid will be forfeited upon cancellation and will be used to satisfy the cancellation fee payable, or part thereof. A cancellation fee will apply regardless of whether a deposit has been received.

If a booking is cancelled by us, no cancellation fee will be payable and you may reschedule or receive a full refund.

A fee equivalent to half of the booking fee will be applied to any jobs that are canceled for the following reasons:

  • Cancellation within 3 hours of the scheduled booking

  • Cancellation while en route to or physically at the property due to unfavourable weather conditions

  • Cancellation while en route to or physically at the property because the property is not in a 'photo-ready' state

If a job is canceled for any of the above reasons and necessitates our team to return to the property at a later time, a revisit fee will be charged.

Furthermore, in cases where our team is not provided with a detailed briefing or when there is no agent or vendor present to clearly specify specific images or angles to be captured, resulting in the need for a return visit, a revisit fee will be charged.

9.          Final images

Final images will be available for viewing and download from our portal via a link we send to you that is valid for 14 days.

Failure to download the images before the download link expires will incur a $25.00 reissuing fee.

10.        Payment

Unless otherwise agreed, no use may be made of the Photographs until payment in full is received.

We accept payment via bank transfer only. Payment must be made within 10 days of receipt of invoice.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

11.        Indemnity

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss resulting from or arising out of the publication of Photographs or any other use of the Photographs by you.

You agree to indemnify Launch Imaging against any claim, loss, damage or costs we incur as a result of your use the Photographs and our use of the materials on your instructions.

12.        Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded.

13.        Collection and use of personal and confidential information

We may collect personal information about you in order to provide our services and for other purposes as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

By providing your personal information to us, you consent to our collection, use, storage and disclosure of all personal information as required or permitted by law. We will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to us for the purposes of photography except as may be reasonably necessary to carry out the work.

For further information about our privacy practices, please contact us.

14.        General

These terms and any dispute relating to them are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

These terms of use constitute your entire agreement with Launch Imaging with respect to the subject matter and no alteration, modification or interpretation shall be binding unless agreed in writing and signed by all parties.

WEBSITE TERMS OF USE

1.          Application

This clause applies to any person or entity (you/your) accessing launchimaging.com (our/the website).

This website is owned and operated by Launch Imaging Pty Ltd ACN 641 107 619 (we/our/us).

By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

2.          Use of this website

You are provided a non-exclusive licence to use our website on condition that you use it for personal use only and not for any purposes that are commercial or unlawful, or may prejudice the reputation or interest of Launch Imaging Pty Ltd, including:

(a)         any breach of privacy or any infringement upon the legal rights of any other person;

(b)         defamation;

(c)         uploading any virus, malware or other malicious software;

(d)         posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.

We reserve the right to suspend or terminate access to our website at our sole discretion.

3.          Intellectual property

Our website and its content including our products and services contain intellectual property owned by us, including photographs, images, trademarks, copyrights and proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property from our website, in whole or in part, without our prior written consent.

4.          Disclaimer

You acknowledge that you access and use our website at your own risk. To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss resulting from your use of the website.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.