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Terms and Conditions

This Terms of Use Agreement (the "Agreement") is between You ("You" or "Your") and Freshca Pty Ltd. and/or its affiliates ("Freshca").  By accessing Freshca’s  websites www.photoworkshopaustralia.com.au (the "Website") and/or using the information offered on the Websites, you agree to the terms and conditions of use set forth in this Agreement.

1. FRESHCA'S CONTROL OVER WEBSITES; CHANGES TO AGREEMENT; USE OF WEBSITE
Freshca has the right, but not the obligation, to monitor the use of the Website and their content.

Freshca reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time.  Amendments to the Agreement will take effect immediately upon their publication on the Website, and Your continued use of the Website constitutes Your acceptance thereof.  You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement to which you are bound.

Freshca may change, suspend or discontinue any aspect of the Website at any time.  Freshca may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability. 

You may not download, make copies of, or otherwise reproduce the content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that You maintain all copyright and other notices contained in such content.  Copying, otherwise reproducing, or storing of any content other than for Your personal, noncommercial use is expressly prohibited without the prior written consent of Freshca.  No right, title or interest in any of the Websites content is transferred to you as a result of using the Website.  The graphics, logos and brand names located on the Website represent the trademarks and trade dress of Freshca, which trademarks and trade dress may not be used without Freshca’s prior written consent, nor may they be used in any way that would disparage or damage the reputation of Freshca.

2. PRIVACY POLICY
Use of the Websites is subject to the terms of the Privacy Policy posted on the www.photoworkshopaustralia.com.au. Freshca reserves the right, in its sole discretion, to change the Privacy Policy, in whole or in part, at any time.  Amendments to the Privacy Policy will take effect immediately upon their publication on the Websites, and Your continued use of the Website constitutes Your acceptance thereof.

3. IDEA SUBMISSION POLICY AND YOUR COMMUNICATIONS TO FRESHCA
Freshca does not accept or consider unsolicited suggestions and materials, including any questions or answers, ideas, comments, suggestions, or the like (the "Information").  Please do not submit any Information to Freshca by electronic mail, contact us over Websites forms or otherwise.  Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Information to Freshca, such Information will be treated as non-confidential and non-proprietary.  Furthermore, You give up all intellectual property rights, including any moral, publicity and privacy rights you have in the Information.  Freshca is free to use the Information, without limitation and without any compensation to You, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using the Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using the Information.  By submitting the Information to Freshca, You agree Freshca is free to use Information for any purpose whatsoever.  Freshca will have no obligation to use the Information.

4. YOUR REPRESENTATIONS AND PROMISES / RETAIL SECTION
You represent that You shall not upload, post or transmit to, or distribute or otherwise publish or submit through the Website any materials which are unlawful, violate or infringe the rights of third-parties, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information. 

You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Websites.  You may not link to the Website's in any manner that would bypass the Website'S home page.  You may not "frame" the Website or any portion thereof.

You promise to maintain the confidentiality of any Website account you establish with Freshca and to protect unauthorized access to your account.  You represent that you will accept responsibility for all activities that occur from Your computer or through any account you establish with Freshca.

You promise not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to Your identity or the source of personal or financial information.

5. YOUR ACKNOWLEDGEMENTS
You acknowledge that transmissions to and from this Website may not be secure and may be read or intercepted by third-parties.

You acknowledge that Freshca does not attempt to review, edit, modify, regulate or control the content of any Website that are linked to the Website and that Freshca shall not be held responsible or liable for any third-party websites.

6. DISCLAIMER; LIMITATION OF LIABILITY
FRESHCA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITES OR ANY LINKED WEBSITES OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEBSITES OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS.  FRESHCA ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY LINKED WEBSITES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR ANY LINKED WEBSITES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.  WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WEBSITES IS PROVIDED TO USERS "AS IS."  EXCEPT FOR ANY EXPRESS WARRANTIES PUBLISHED ON THE WEBSITES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Freshca DISCLAIMS WITH RESPECT TO THE WEBSITES ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITES. 

UNDER NO CIRCUMSTANCES SHALL FRESHCA, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF FRSHSCA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL FRESHCA'S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES EXCEED TEN AUSTRALIAN DOLLARS.

7. DISCLAIMER; LIMITATION OF LIABILITY WITH RESPECT TO GOODS OR SERVICES
EXCEPT AS EXPRESSLY STATED HEREIN OR ON THE WEBSITES, Freshca MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOOD OR SERVICE ADVERTISED OR SOLD ON THE WEBSITES AND Freshca FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL FRESHCA, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY GOOD OR SERVICE SOLD OR PROVIDED ON THE WEBSITES, EVEN IF FRESHCA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL FRESHCA’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE GOOD OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Freshca, its affiliates, officers, directors, employees consultants, agents, successors and assigns from any and all third-party claims, liability, damages and/or costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and attorneys ' fees) arising from Your violation of the terms of this Agreement.

9. NOTICES
Except as explicitly stated otherwise, any notices shall be given by email (in the case of the Freshca) or to the email address You provided to Freshca during Your use of the Websites, or such other address as either party may specify.  Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable.  Such emails shall satisfy any legal requirement that communications be made in writing.

10. TERMINATION
Freshca may, with or without cause, immediately terminate this Agreement, and deny You access to the Website.  Without limiting the foregoing, Freshca has the right to immediately terminate Your right to access the Websites in the event that You breach this Agreement or engage in conduct that Freshca, in its sole discretion, considers unacceptable.  If this Agreement is terminated, You will no longer be authorized to access the Websites.  In the event of termination, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Websites, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive. 

11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflicts of law provisions.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the courts of New South Wales.  You agree that you will not bring or be a party to any class-action lawsuit against Freshca.  You agree that Freshca may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the rules of the Australian Conciliation & Arbitration Commission.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. 

12. CHANGES TO BOOKINGS, COURSE CANCELLATIONS, NO SHOW AND REFUND POLICY
Changes to Your Booking: You may make a change to your booking prior to 48 hours before the course commencement,  and you will be able to take the next available course, pending availability. Only one date change is allowed before forfeiture. Changes to your booking under 48 hours will be under Frescha's discretion, but usually means a forfieture of your course.

Not attending a confirmed place on a course without prior arrangement (No Show) means an instant forfeiture of your place on the course.

Refund Policy: Freshca may refund the full amount of your course when given 48 hours notice for short courses of less than a day in duration. For longer courses we will require 7 days notice in order to sell your placement on the course. No refund will be given if notification is received less than 7 days for longer courses. For On Demand courses, such as Studio Lighting, Photoshop Image Retouching and Beauty Retouching, as these are run with small groups and may only proceed when the minimum number of pre-registered participants, refunds will be at the discrection of Freshca, and a 50% to 100% cancellation fee may apply.

Changes to course date and time: Night Photography, Half Day Introduction to Photography, Shooting Sunrise at Manly and Private Tuition may be disposed to inclement weather conditions. In these instances Frescha has the right to alter the time and or date of the course. You will be offered another time and date, and no refund is accepted. 
 

13. COURSE NUMBERS

All courses, with the exception of Private Tuition, require minimum numbers to run. If the minimum number has not been reached within 48 hours of the course date, the course may be cancelled. If this is the case, all those registered for the course will be automatically placed on the next avaialbe course, and in some circumstances, be given a choice of dates to attend in the future.

14. USE OF IMAGES

By submitting images to Freshca, or Photo Workshop Australia, you are agreeing that Freshca may use the images for its promotional purposes as a representative of the type of images taken on our, or as part of our courses, or Private Tuition. Frescha agrees not to use any such images submitted for any income generation or for sale. The copyright of any such image will remain with the author and is governed by the relevant legislation in NSW.

15. MISCELLANEOUS

This Agreement constitutes the entire understanding between Freshca and You with respect to Your use of the Website.  You may not assign this Agreement.  If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.