Terms of Service | Launch Imaging

LAUNCH IMAGING PTY LTD

Terms of Service

Version 1.0

Last Updated: July 2026

These Terms of Service govern the supply of services by Launch Imaging Pty Ltd (ACN 641 107 619) ("Launch Imaging", "Launch", "we", "our" or "us").

By requesting a quotation, making a booking, or engaging our Services, you acknowledge that you have read and accepted these Terms of Service.

1. Purpose

These Terms of Service set out the terms on which Launch Imaging Pty Ltd provides professional photography, visual marketing and related services to its clients. They are intended to clearly define the rights and responsibilities of both Launch Imaging and the Client.

2. Definitions

In these Terms of Service:

Business Day means any day other than a Saturday, Sunday or public holiday in Victoria, Australia.

Client means the individual, company, partnership, trust, government authority or other entity engaging Launch Imaging to provide Services.

Digital Assets means all digital content produced or supplied by Launch Imaging, including photographs, floor plans, aerial imagery, virtual tours, Matterport scans, renders, edited images and associated files.

Images means all photographs, aerial imagery, floor plans, virtual tours, Matterport scans, renders, videos, digital assets and any other visual material created by Launch Imaging in connection with the Services.

Licence means the limited, non-exclusive and non-transferable right granted by Launch Imaging to use Images for the purpose for which they were commissioned.

Services means any products or services supplied by Launch Imaging, including but not limited to:

· Professional Photography

· Aerial (Drone) Photography

· Floor Plans

· Launch 360° Virtual Tours

· Matterport Site Scanning

· Virtual Staging

· Virtual Twilight

· Image Retouching

· Digital Assets

· Any other visual marketing services supplied by Launch Imaging.

Website means the Launch Imaging website as amended from time to time.

3. Acceptance of these Terms

These Terms of Service apply to every quotation, booking and engagement unless otherwise agreed by Launch Imaging in writing.

By requesting a quotation, placing a booking or instructing Launch Imaging to provide Services, the Client agrees to be bound by these Terms of Service.

The Client warrants that any person making a booking or providing instructions on its behalf has the authority to do so.

These Terms apply in preference to any purchase order, work order or other terms supplied by the Client unless expressly accepted by Launch Imaging in writing.

Launch Imaging may amend these Terms of Service from time to time. The version published on our Website at the time a booking is confirmed will apply to that booking.

Launch Imaging may provide supplementary documents, including but not limited to the Photo Ready Checklist, Retouching Guide, Price Guide and Booking Information. These documents are intended to assist Clients in understanding our Services and form part of the overall service framework. Where any inconsistency exists, these Terms of Service prevail.

4. Quotations and Bookings

Unless otherwise stated, quotations remain valid for thirty (30) days from the date of issue.

A booking is not confirmed until it has been accepted by Launch Imaging.

Quoted prices apply only to the Services expressly identified within the quotation.

Additional Services requested before, during or after an assignment may incur additional charges.

Launch Imaging reserves the right to refuse, postpone or cancel any booking where:

· requested Services are unavailable;

· weather or environmental conditions prevent the safe completion of the assignment;

· access to the site cannot reasonably be obtained;

· required approvals or permissions have not been obtained;

· the requested work falls outside our scope of Services;

· the Client fails to comply with these Terms; or

· any circumstance beyond our reasonable control prevents completion of the assignment.

Where changes are requested after a booking has been confirmed, Launch Imaging will use reasonable efforts to accommodate those changes but cannot guarantee availability.

Acceptance of a quotation does not guarantee a specific photographer unless expressly agreed in writing.

5. Scope of Services

Launch Imaging provides professional visual marketing services across a broad range of industries, including but not limited to:

· Residential Real Estate

· Commercial Real Estate

· Building & Construction

· Commercial Fit-Outs

· Architecture

· Retirement Living

· Hospitality

· Retail

· Development Projects

Services may include photography, drone imagery, floor plans, virtual tours, Matterport scanning, image editing and other associated visual marketing products.

Unless otherwise specified, all pricing includes standard professional editing only.

Requests for additional editing, including advanced retouching, object removal, digital manipulation, compositing or other alterations beyond our standard workflow, may incur additional fees.

Launch Imaging reserves creative discretion regarding photographic composition, lighting, editing style, sequencing and image selection unless specific written instructions have been agreed before the assignment.

Standard retouching inclusions and exclusions are outlined in Launch Imaging's Retouching Guide, as amended from time to time.

6. Client Responsibilities

The Client acknowledges that Launch Imaging provides a Photo Ready Checklist as a general guide to property preparation. Compliance with the checklist does not guarantee that a property is photo ready; however, failure to adequately prepare a property may result in additional charges, excess site time, postponement, cancellation fees or revisit fees.

Without limitation, the Client must ensure that:

· the property is clean and presentation-ready;

· styling and preparation have been completed;

· utilities required for photography are operational;

· unrestricted access has been arranged;

· all required permissions and approvals have been obtained;

· relevant occupants, tenants or stakeholders have been notified where necessary.

Where the Client is not the owner or occupier of the property, the Client warrants that they have full authority to engage Launch Imaging and authorise the Services.

For construction sites, commercial premises and active workplaces, the Client further warrants that:

· the site complies with all applicable workplace health and safety legislation;

· any required inductions have been arranged before our arrival;

· any mandatory personal protective equipment (PPE) requirements have been communicated in advance;

· Launch Imaging has been advised of all known hazards likely to affect the assignment.

Launch Imaging reserves the right to suspend or terminate an assignment where, in our reasonable opinion, the site presents an unacceptable safety risk.

Where attendance at the site is prevented or delayed because the Client has failed to satisfy its obligations under this clause, Launch Imaging may charge cancellation, postponement or revisit fees in accordance with these Terms.

Where no Client representative is present during the assignment, Launch Imaging will exercise its professional judgement when completing the agreed scope of work.

Any request to alter, supplement or repeat photography arising from the absence of a Client representative may constitute a revisit and may incur additional charges.

The Client acknowledges that Launch Imaging relies upon the accuracy of information and instructions supplied by the Client and accepts no liability for errors arising from incomplete or incorrect information.

7. Cancellations, Postponements and Revisit Fees

Launch Imaging allocates dedicated time, personnel and resources to each confirmed booking. Late cancellations or changes may prevent us from accepting other work and may result in costs being incurred.

The Client may cancel or request to reschedule a booking at any time; however, the following conditions apply.

7.1. Cancellation Fees

Where a booking is cancelled or rescheduled with less than three (3) hours' notice before the scheduled commencement time, the Client must pay a cancellation fee equal to 50% of the total booked Services.

The cancellation fee also applies where cancellation occurs:

· while Launch Imaging is travelling to the assignment;

· after arrival at the property or site; or

· after work has commenced but before completion due to circumstances within the Client's control.

Any deposit previously paid will be credited towards the cancellation fee.

Where no deposit has been paid, the cancellation fee remains payable upon invoice.

7.2. Revisit Fees

Where Launch Imaging attends a booking but is unable to complete the agreed Services due to circumstances outside our reasonable control, a revisit fee may be charged for any subsequent attendance.

Examples include, but are not limited to:

· the property is not presentation-ready;

· cleaning, styling or maintenance has not been completed;

· construction or fit-out works remain unfinished;

· access is unavailable or delayed;

· utilities required for photography are unavailable;

· site conditions are unsafe;

· incorrect booking information has been supplied;

· insufficient instructions have been provided;

· additional photography is requested after completion of the assignment; or

· the Client elects to postpone the assignment after our arrival.

Launch Imaging's Photo Ready Checklist is provided as a general guide only and does not limit Launch Imaging's discretion in determining whether a property is adequately prepared for photography.

Revisit fees are charged in accordance with Launch Imaging's current pricing schedule unless otherwise agreed in writing.

7.3. Cancellation by Launch Imaging

Launch Imaging may postpone or cancel a booking where completion of the Services is not reasonably practicable due to circumstances including, but not limited to:

· illness;

· equipment failure;

· severe weather;

· regulatory restrictions;

· safety concerns; or

· other unforeseen circumstances beyond our reasonable control.

Where Launch Imaging cancels a booking under this clause, no cancellation fee will apply.

Any deposit paid will, at the Client's election, be refunded in full or credited towards a future booking.

Launch Imaging's liability in these circumstances is limited to the refund or credit of any monies paid and does not extend to any indirect or consequential loss.

8. Weather Conditions

Certain Services—including aerial photography, exterior photography, twilight photography and drone operations—are inherently dependent upon suitable weather and lighting conditions.

Launch Imaging will use reasonable skill and judgement in assessing whether prevailing conditions are suitable to achieve a professional result.

Unless safety or legal requirements prevent us from proceeding, the decision whether to continue, postpone or partially complete an assignment ultimately rests with the Client.

Where the Client instructs Launch Imaging to proceed despite unfavourable weather or lighting conditions, the Client accepts responsibility for any resulting reduction in image quality.

Where Launch Imaging reasonably determines that weather or environmental conditions are unsuitable to safely or professionally complete the assignment, we may:

· postpone the booking;

· complete only those Services capable of being performed;

· return at a later time to complete the remaining Services; or

· reschedule the entire assignment.

Unless otherwise agreed in writing, any return visit required solely because of weather conditions may incur additional charges in accordance with our current pricing schedule.

Nothing in this clause obliges Launch Imaging to undertake any activity that may compromise safety, breach applicable legislation or produce work that falls below our professional standards.

9. Delivery of Images and Digital Assets

Unless otherwise agreed, completed Images and Digital Assets will be delivered electronically via Launch Imaging's online delivery platform.

Estimated delivery timeframes are provided in good faith but do not constitute a guarantee.

Delivery times may vary depending upon factors including:

· project size;

· editing requirements;

· proof selection;

· client response times;

· public holidays;

· workload;

· equipment failure; or

· unforeseen circumstances beyond our reasonable control.

Launch Imaging will use reasonable efforts to deliver completed work within the estimated timeframe but accepts no liability for delays arising from circumstances outside our reasonable control.

Unless otherwise advised, download links remain active for fourteen (14) days from the date of delivery.

The Client is solely responsible for:

· downloading all delivered files;

· verifying successful receipt;

· maintaining appropriate backups; and

· securely storing all Images and Digital Assets.

Launch Imaging does not guarantee permanent online access to delivered files.

Requests to restore archived files, regenerate download links or retrieve historical projects may incur retrieval or administration fees.

Where proof approval forms part of the agreed workflow, delivery timeframes commence only after the Client has provided all required approvals and selections.

10. Image Quality, Proofing and Approval

Launch Imaging exercises reasonable skill, care and professional judgement in producing Images that accurately represent the property, premises, project or subject photographed.

The Client acknowledges that photography is an interpretive creative service and that reasonable variations may occur between assignments.

Minor differences in colour, contrast, brightness, sharpness, perspective, composition or appearance may arise due to factors including:

· prevailing weather conditions;

· natural and artificial lighting;

· seasonal changes;

· surrounding environment;

· building materials;

· landscaping;

· monitor calibration;

· printing processes; and

· differences between digital and printed reproduction.

Such variations do not constitute defects in the Services.

Where proof selection forms part of the commissioned Services, the Client is responsible for carefully reviewing all proofs before approving final editing.

Approval of proofs constitutes acceptance of:

· image selection;

· composition;

· cropping;

· editing direction; and

· any other matters reasonably capable of being identified during the proofing process.

Following delivery of final Images, Launch Imaging is under no obligation to provide further editing or alterations unless required under Australian Consumer Law or otherwise agreed in writing.

Requests for additional editing, image substitutions, retouching or creative alterations after final delivery may be treated as additional Services and charged at our prevailing rates. Requests that fall outside the standard retouching inclusions outlined in Launch Imaging's Retouching Guide may incur additional charges.

Where an error is directly attributable to Launch Imaging, we will use reasonable efforts to correct that error within a reasonable time at no additional cost.

11. Copyright and Intellectual Property

All Images and Digital Assets created by Launch Imaging in connection with the Services remain the intellectual property of Launch Imaging Pty Ltd unless expressly agreed otherwise in writing.

Nothing in these Terms transfers or assigns copyright or any other intellectual property rights to the Client.

Upon payment in full of all applicable fees, Launch Imaging grants the Client a limited Licence to use the Images strictly in accordance with these Terms.

Except as expressly permitted under the granted Licence or by applicable law, the Client must not:

· sell, assign or transfer the Images;

· sublicense or licence the Images to another person or entity;

· claim ownership of the Images;

· remove copyright notices or watermarks;

· use proof images for any commercial or public purpose;

· falsely represent the Images as having been created by another photographer or business; or

· use the Images beyond the scope of the Licence granted.

The supply of digital files does not constitute a sale of copyright or ownership.

Launch Imaging reserves all rights not expressly granted under these Terms.

Nothing in these Terms of Service prevents Launch Imaging from licensing the Images to any other person or entity, provided doing so does not materially interfere with the purpose for which the Images were originally commissioned.

Nothing in this clause limits the Client's rights under the Copyright Act 1968 (Cth) or any applicable law.

12. Image Licence

Subject to payment in full, Launch Imaging grants the Client a non-exclusive and non-transferable Licence to use the commissioned Images solely for the purpose for which they were originally created.

Unless otherwise agreed in writing, permitted uses may include:

· marketing residential property;

· marketing commercial property;

· promoting completed construction projects;

· promoting architectural or design work;

· advertising a business;

· websites;

· social media;

· printed marketing material; and

· any other purpose specifically agreed in writing.

The Licence applies only to the Client who commissioned the Services.

Unless otherwise agreed in writing, the Licence must not be transferred to:

· another real estate agency;

· another property manager;

· a builder;

· an architect;

· a developer;

· an interior designer;

· a contractor;

· a supplier;

· a publication; or

· any other third party.

Where Images have been commissioned for the marketing of a property, the Licence automatically expires upon completion of that property's marketing campaign unless otherwise agreed.

Subsequent sales campaigns, agency appointments or marketing campaigns require a new Licence.

Any use outside the original commissioned purpose requires the prior written approval of Launch Imaging and may attract additional licensing fees.

Launch Imaging reserves the right to refuse any request for additional licensing at its absolute discretion.

13. Editing, Artificial Intelligence and Image Integrity

Launch Imaging acknowledges that minor technical adjustments are commonly required for publication across digital and print media. Accordingly, the Client may:

· crop Images;

· resize Images;

· compress file sizes;

· convert file formats; and

· make minor adjustments necessary for publication,

provided such changes do not materially alter the Image or misrepresent the original work.

Without the prior written consent of Launch Imaging, the Client must not:

· materially manipulate the Images;

· add or remove buildings, structures or architectural features;

· alter landscaping;

· add or remove furniture beyond standard virtual styling commissioned through Launch Imaging;

· add or remove people, vehicles or objects;

· substantially alter colours, finishes or lighting;

· create composite images;

· apply filters or effects that materially change the appearance of the Image; or

· create derivative works likely to be mistaken for the original photography.

The Client must not remove embedded copyright information or metadata from supplied Images where such information has been included by Launch Imaging.

13.1. Artificial Intelligence

The Client must not use, upload, licence, distribute or otherwise make available any Image created by Launch Imaging for the purpose of:

· training artificial intelligence systems;

· training machine learning models;

· developing foundation models;

· developing image-generation platforms;

· developing computer vision systems; or

· improving generative artificial intelligence technologies,

without the prior written consent of Launch Imaging.

This prohibition applies whether the Images are used directly or indirectly, including through third-party software or online platforms.

Nothing in this clause prevents reasonable publication editing that does not involve AI model training or the creation of derivative commercial datasets.

14. Third-Party Use

Unless expressly authorised in writing by Launch Imaging, Images supplied under these Terms may only be used by the Client named on the booking or invoice.

Any third party wishing to use the Images—including but not limited to:

· builders;

· architects;

· interior designers;

· developers;

· contractors;

· suppliers;

· manufacturers;

· real estate agencies;

· property managers;

· publications; or

· marketing agencies,

must first obtain an appropriate Licence from Launch Imaging.

Unauthorised use may constitute copyright infringement and may result in legal action.

Launch Imaging reserves the right to recover:

· applicable licensing fees;

· damages;

· legal costs; and

· any other remedies available under Australian law.

Failure by Launch Imaging to enforce its copyright on one occasion does not constitute a waiver of its rights in relation to any future infringement.

15. Portfolio, Editorial and Promotional Use

Unless otherwise agreed in writing before commencement of the Services, Launch Imaging may use Images created during an assignment for legitimate business and promotional purposes.

This may include use in:

· our website;

· social media platforms;

· printed marketing material;

· client presentations;

· awards submissions;

· editorials;

· portfolios;

· advertising;

· educational material; and

· promotional campaigns.

Launch Imaging will exercise reasonable discretion when publishing Images and will make reasonable efforts not to disclose confidential information.

Where a project is subject to confidentiality obligations, non-disclosure agreements, commercial sensitivity or embargo periods, Launch Imaging will comply with any written restrictions agreed before the assignment commences.

If the Client requires Images to remain confidential, the Client must notify Launch Imaging in writing before the booking is confirmed.

Where confidentiality restrictions prevent Launch Imaging from using commissioned Images for portfolio purposes, Launch Imaging reserves the right to take such restrictions into account when preparing quotations.

Nothing in this clause permits Launch Imaging to imply endorsement by the Client beyond accurately identifying the project as part of our portfolio.

16. Payment

Unless otherwise agreed in writing, payment is due in accordance with the trading terms specified on the relevant invoice.

All prices are quoted in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless expressly stated otherwise.

Launch Imaging reserves the right to amend its pricing from time to time. Any confirmed booking will be charged at the price accepted at the time the booking is confirmed.

Unless expressly agreed otherwise, any quotation is based upon the scope of Services requested by the Client at the time the quotation is prepared. Additional Services requested before, during or after an assignment may incur additional charges.

The Client is responsible for ensuring all invoices are paid by the due date.

No Licence to use any Images or Digital Assets is granted until all amounts relating to the relevant assignment have been paid in full.

Where an account becomes overdue, Launch Imaging may, to the extent permitted by law:

· suspend delivery of current work;

· suspend future bookings;

· withhold access to Images or Digital Assets;

· suspend the Client's right to use the Images until all outstanding amounts have been paid in full;

· recover reasonable debt collection costs;

· recover reasonable legal costs incurred in enforcing payment; and

· charge interest on overdue amounts at a reasonable rate permitted by law.

Acceptance or delivery of Images before payment does not waive Launch Imaging's ownership of copyright or its entitlement to payment.

17. Suspension of Services

Launch Imaging reserves the right to suspend or refuse the provision of further Services, or to decline future bookings where the Client has overdue accounts, has materially breached these Terms of Service, or where continuing to provide Services would expose Launch Imaging to unreasonable commercial or legal risk. Suspension of Services does not affect the Client's obligation to pay any outstanding amounts.

18. Refunds

Launch Imaging supplies customised professional services and digital products that are created specifically for each Client.

Accordingly, refunds will generally not be available where:

· the Client changes their mind;

· the Client no longer requires the Services;

· circumstances outside Launch Imaging's reasonable control affect the outcome of the assignment;

· the Images accurately represent the property, premises or project photographed; or

· dissatisfaction relates solely to subjective preference rather than a failure to exercise reasonable skill and care.

If the Client believes the Services differ materially from those agreed, written notice must be provided within seven (7) days of delivery.

Upon receiving notice, Launch Imaging will investigate the matter and, where appropriate, may:

· re-edit the Images;

· correct any error attributable to Launch Imaging;

· resupply the affected Services;

· provide replacement Digital Assets; or

· offer another remedy considered reasonable in the circumstances.

Refunds will not be provided where a reasonable opportunity to rectify the issue has been refused by the Client.

Nothing in these Terms limits, excludes or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

19. Limitation of Liability

Launch Imaging will provide the Services with reasonable care, skill and diligence.

To the maximum extent permitted by law, Launch Imaging's total liability arising from or in connection with the Services is limited, at our election, to one or more of the following:

· resupplying the affected Services;

· replacing the affected Digital Assets;

· correcting the affected Images; or

· refunding the fees paid for the affected Services.

Launch Imaging is not liable for:

· indirect loss;

· consequential loss;

· loss of profit;

· loss of revenue;

· loss of opportunity;

· business interruption;

· reputational damage;

· loss of goodwill; or

· any loss arising from the Client's use or inability to use the Images after delivery,

except to the extent such liability cannot lawfully be excluded.

Launch Imaging is not responsible for losses arising from:

· incorrect information supplied by the Client;

· inaccurate property descriptions;

· changes made to Images by third parties;

· publication errors by third parties;

· website or social media compression;

· printing defects;

· failures of third-party hosting platforms; or

· events beyond our reasonable control.

The Client acknowledges that photography is a creative service involving the exercise of professional judgement and that subjective artistic preferences do not constitute defective performance.

Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy available under the Australian Consumer Law.

20. Privacy

Launch Imaging collects, holds and uses personal information only to the extent reasonably necessary to:

· respond to enquiries;

· prepare quotations;

· administer bookings;

· provide the Services;

· issue invoices;

· communicate with Clients; and

· comply with legal obligations.

Personal information may be disclosed to trusted third-party service providers engaged by Launch Imaging to assist in delivering the Services, including providers of:

· cloud storage;

· payment processing;

· accounting software;

· online booking systems;

· communication platforms;

· information technology services; and

· business administration services.

Launch Imaging takes reasonable steps to protect personal information against misuse, interference, unauthorised access, modification and disclosure.

The Client acknowledges that electronic communication and cloud-based storage involve inherent security risks and that, while reasonable precautions are taken, absolute security cannot be guaranteed.

Launch Imaging will otherwise handle personal information in accordance with applicable privacy legislation.

Further information about how we collect, use, store and disclose personal information is available in our Privacy Policy, available on our Website.

21. Force Majeure

Launch Imaging will not be liable for any delay, interruption or failure to perform its obligations where that delay or failure results from circumstances beyond our reasonable control.

Without limitation, such circumstances include:

· severe weather;

· flood;

· bushfire;

· earthquake;

· pandemic;

· government action;

· industrial action;

· illness;

· equipment failure;

· transport disruption;

· internet or power outages;

· drone airspace restrictions;

· emergency services activity; or

· any other event beyond our reasonable control.

Where reasonably practicable, Launch Imaging will notify the Client as soon as possible and will use reasonable efforts to reschedule the affected Services.

Neither party will be liable to the other for any delay caused solely by a Force Majeure event.

22. Drone Operations

All aerial photography is conducted in accordance with applicable legislation and the requirements of the Civil Aviation Safety Authority (CASA).

Drone operations remain subject to:

· weather conditions;

· airspace restrictions;

· emergency operations;

· temporary flight restrictions;

· landowner permissions;

· safety assessments; and

· any other legal or operational limitation.

Launch Imaging reserves absolute discretion to determine whether drone operations may lawfully and safely proceed.

Where aerial photography cannot be completed due to legal or safety restrictions, Launch Imaging may:

· postpone the aerial component;

· substitute alternative photography where appropriate;

· return at a later date; or

· cancel the aerial component of the booking.

Launch Imaging accepts no liability for the inability to obtain aerial imagery where prevented by applicable law or safety requirements.

23. Archive Policy

Launch Imaging will use reasonable efforts to retain completed assignments following delivery.

However, Launch Imaging does not guarantee permanent storage of any Image, Digital Asset or project file.

The Client remains solely responsible for downloading, backing up and securely storing all delivered files.

Archived projects may be deleted without notice after a reasonable retention period.

Where archived material remains available, retrieval, restoration or re-delivery may incur an administration or retrieval fee.

Launch Imaging accepts no liability for the loss of archived material after the expiry of the retention period.

24. Governing Law

These Terms of Service are governed by the laws of the State of Victoria, Australia.

Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and any court competent to hear appeals from those courts in relation to any dispute arising out of or in connection with these Terms or the Services.

25. Severability

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be severed only to the extent necessary.

The remaining provisions will continue in full force and effect.

Any invalid or unenforceable provision will, where possible, be construed so as to give effect as nearly as possible to its original commercial intention.

26. Entire Agreement

These Terms of Service constitute the entire agreement between Launch Imaging and the Client concerning the Services supplied.

They supersede all previous discussions, negotiations, representations, understandings and agreements relating to the subject matter of these Terms.

No variation, amendment or waiver of these Terms is effective unless made in writing and accepted by Launch Imaging.

A failure or delay by Launch Imaging in exercising any right under these Terms does not constitute a waiver of that right.

If any provision is waived on one occasion, that waiver does not affect any future exercise of the same or any other right.

27. Client-Supplied Materials

Where the Client supplies Launch Imaging with any material for use in connection with the Services, including but not limited to:

· floor plans;

· logos;

· branding;

· property information;

· architectural drawings;

· specifications;

· marketing copy;

· plans;

· images; or

· any other documents or digital content,

the Client warrants that:

· it owns the material or has obtained all necessary licences, permissions and consents for its use;

· the material does not infringe the intellectual property or other legal rights of any third party;

· the material is accurate to the best of the Client's knowledge; and

· Launch Imaging may rely upon the material when providing the Services.

Launch Imaging accepts no responsibility for verifying the ownership, accuracy or legality of Client-supplied material.

The Client indemnifies and holds harmless Launch Imaging against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising from the use of any material supplied by the Client that infringes the rights of another person or entity.

28. Electronic Communications

The Client acknowledges and agrees that Launch Imaging conducts business primarily through electronic communication.

Unless otherwise agreed in writing, the Client agrees that instructions, approvals, proof selections, variation requests and other communications may be provided by:

· email;

· SMS;

· the Launch Imaging online booking portal;

· online proofing platforms; or

· any other electronic communication platform used by Launch Imaging.

Launch Imaging is entitled to rely upon any communication that reasonably appears to originate from the Client or a person acting with the Client's authority.

The Client is responsible for ensuring that all instructions and approvals provided electronically are accurate and complete.

Launch Imaging accepts no liability for delays, errors or omissions resulting from incomplete, incorrect or conflicting instructions supplied by the Client.

Electronic records maintained by Launch Imaging may be relied upon as evidence of communications between the parties unless proven otherwise.

29. Assignment

The Client may not assign, transfer or otherwise deal with any rights granted under these Terms without the prior written consent of Launch Imaging.

Launch Imaging may assign or subcontract the performance of any part of the Services where reasonably necessary, provided Launch Imaging remains responsible for the overall delivery of the Services.

30. Survival

Any provision of these Terms which by its nature is intended to survive completion or termination of the Services will continue in full force and effect.

Without limitation, the following clauses survive completion of the Services:

· Copyright and Intellectual Property

· Image Licence

· Third-Party Use

· Payment

· Limitation of Liability

· Privacy

· Archive Policy

· Client-Supplied Materials

· Governing Law

Launch Imaging Pty Ltd
ACN 641 107 619
ABN 32 641 107 619
Email: hello@launchimaging.com.au
Website: https://launchimaging.com

© Launch Imaging Pty Ltd. All rights reserved. All Images remain the intellectual property of Launch Imaging Pty Ltd unless otherwise agreed in writing. Images are supplied under licence only. Unauthorised use may constitute copyright infringement.