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, commercial or noncommercial use. Copying, otherwise reproducing, or storing of any content 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.
3. YOUR ACKNOWLEDGEMENTS
You acknowledge that Freshca does not attempt to review, edit, modify, regulate or control the content of any Website that may be linked to the Website and that Freshca shall not be held responsible or liable for any third-party websites.
4. DISCLAIMER; LIMITATION OF LIABILITY
FRESHCA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE 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 WEBSITE OR ANY LINKED WEBSITES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS “AS IS.” EXCEPT FOR ANY EXPRESS WARRANTIES PUBLISHED ON THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESHCA DISCLAIMS WITH RESPECT TO THE WEBSITE 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 WEBSITE.
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.
5. DISCLAIMER; LIMITATION OF LIABILITY WITH RESPECT TO GOODS OR SERVICES
EXCEPT AS EXPRESSLY STATED HEREIN OR ON THE WEBSITE, 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 WEBSITE, 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.
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.
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 Website, 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.
8. 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.
9. CHANGES TO BOOKINGS, COURSE CANCELLATIONS, NO SHOW AND REFUND POLICY
Changes to Your Booking: You may make a change to your booking date 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 normally means a forfeiture 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 at least 7 days notice, for original course dates only. No refund will be given if notification is received less than 7 days. No refund will be given for a changed date course if you cannot attend. Once your course or lesson has commenced, no refund will be given if you cannot complete the course or session, regardless of reason. You may however, be given a credit to attend another course or session of the same type, at the discretion of Freshca, and there is availability.
Changes to published course date and time: Smartphone, Half Day , 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.
10. COURSE NUMBERS
All courses, with the exception of Private Tuition and Remote Learning, 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 available course, and in some circumstances, be given a choice of dates to attend in the future.
11. 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.
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.