Terms of Service

This document is the Service Agreement (the “Agreement”) which governs our mutual benefits and obligations as your photographer or photography services provider. Please read and understand this agreement carefully before engaging in our photography services.

By engaging in our photography services, you agree to comply with and be legally bound by the following agreement, which, together with our privacy policy and website disclaimer, govern Luhur Pty Ltd’s relationship with you to use our website, services, and provided digital imagery.

For this service agreement:

“Us”, “Our” and “We” refers to Luhur Pty Ltd (ABN 54 649 037 203) and the photographer.

“You” and “Your” refers to the client, agent, or authorised representative who engages and has the authority to engage in our photography services.

CONTENTS

1       GENERAL TERMS AND CONDITIONS.

1.1         DISCLAIMER

1.2         AMENDMENT OF TERMS

1.3         LIMITATION OF LIABILITY

1.4         EXCLUSION OF COMPETITORS

1.5         COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

1.6         WHOLE AGREEMENT

1.7         EXCLUSION OF UNENFORCEABLE TERMS

1.8         JURISDICTION

2       PROPERTY PHOTOGRAPHY – TERMS AND CONDITIONS

2.1         LIMITATION LICENSING RELEASE

2.2         PAYMENT TERMS

2.3         CANCELLATION AND RESCHEDULING POLICIES

2.4         DELIVERY

2.5         PERMISSION TO PHOTOGRAPH

2.6         DATA RETENTION

 

1       GENERAL TERMS AND CONDITIONS

1.1       DISCLAIMER

To the fullest extent permitted by law, Luhur Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Luhur Pty Ltd gives no guarantee that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. We offer a satisfaction guarantee on all our photography and photo booth services, allowing for a maximum reimbursement of all fees, excluding expenses incurred by Luhur Pty Ltd. We will endeavour to do our best to ensure this is not needed and will personally work with you to ensure satisfaction.

It is your sole responsibility and not the responsibility of Luhur Pty Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this website or any products or services offered through it. It is your responsibility to do so.

1.2       AMENDMENT OF TERMS

We reserve the right to change, modify, add, or remove portions of this agreement at any time. Please check this agreement regularly before using our website and engaging in our services to ensure you know any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website or services, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Luhur’s rights and obligations to each other.

1.3       LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website and our services that you agree that Luhur is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

1.4       EXCLUSION OF COMPETITORS

Suppose you are in the business of creating similar documents, goods or services to provide them for a fee to users, whether they be business users or domestic users. In that case, you are a competitor of Luhur Pty Ltd. Luhur Pty Ltd expressly excludes and does not permit you to use or access our website, download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, Luhur Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits you might make from such unpermitted and improper use. Luhur Pty Ltd reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.

1.5       COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for sale or the use by any third party. In particular, you are not allowed to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Luhur Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website, and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission or as stipulated in the terms and conditions for specific photography services offered by Luhur Pty Ltd, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

1.6       WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Luhur Pty Ltd concerning your use and access to Luhur Pty Ltd’s website and the engagement with our website. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

1.7       EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. If legal and enforceable in any other State or Territory, such a clause shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

1.8       JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and Luhur Pty Ltd that results in litigation, then you must submit to the jurisdiction of the courts of VIC.

 

2       PROPERTY PHOTOGRAPHY – TERMS AND CONDITIONS

2.1       LIMITATION LICENSING RELEASE

To provide you with the best service and support at reasonable pricing, we do not sell our photographs. We license their use. We provide the license to use the photographs on any medium to promote the individual, business, and property (the “Intended Use”).

This is a single, irrevocable, royalty-free, non-transferable, and non-exclusive license to use the Photographs upon payment in all print and online media throughout Australia and International for the Intended Use unless the agreement is breached. A third party cannot reproduce the Photographs for purposes not related to the promotion of the Intended Use.

Luhur Pty Ltd and the Photographer are permitted to reproduce and distribute the Photographs of the Property, with the sole purpose of promoting Luhur Pty Ltd and any of their child brands. We will not give or sell the Photographs to other parties or distribute them through stock photography channels without your consent.

2.2       PAYMENT TERMS

Our services will require full payment before the release of the high-resolution photographs. Payment of the final balance is due within 21 days after the service.

All fees are inclusive of GST with discounts calculated after GST.

2.3       CANCELLATION AND RESCHEDULING POLICIES

Should there be a forecast of storms, heavy rain, or a severe weather warning in place at the property location, there is no fee to reschedule the service to another available time or cancel the appointment. We will contact you in the lead up to the appointment if this would be a likely event.

Other cancellations or reschedules are charged at the following fees:

 RescheduleCancellation
Property unattended at arrival60% of booking value60% of booking value
Less than 24 hours’ notice20% of booking value40% of booking value
More than 24 hours’ noticeNo feeNo fee

 

2.4       DELIVERY

We will deliver digital property photographs in two formats:

  • Web: 2000 x 1500px (Realestate.com.au Recommended)
  • Print: 4000 x 3000px (For print media)

Next day delivery applies to business days and weekends only – it excludes public holidays.

2.5       PERMISSION TO PHOTOGRAPH

Should you represent the property owner, including but not limited to a real estate agent, property manager, or tenant of the serviced property, you must have obtained the appropriate approvals for the property to be photographed. Your responsibility is to ensure permissions are sought before the service being provided, including notifying all relevant parties. It is the onus of the authorised representative to ensure that the property owner and all appropriate parties comply, understand, and be bound by this agreement before the service being undertaken.

If applicable, you are responsible for advising the building caretaker of our appointment. It is the property owner’s responsibility to obtain permission to photograph shared amenities within, but not limited to, apartment and commercial complexes. We do not have the right to evict or photograph residents or tenants using building facilities.

2.6       DATA RETENTION

In addition to our privacy policy, we will store the original photographed images of the serviced property for 6 months on a secure online server which will allow for revision should be required. We will also store the edited and delivered image on our online server which can be accessed for download for 12 months. The photographs may not be stored on a server that offers data redundancy, in the unlikely event that the either the online or offline server fails resulting in data loss, Luhur is not legally responsible for any loss or damage you might suffer. It shall be your own responsibility that you retain copies of the photographs in this event.