Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE


About the Website
(a) Welcome to www.justinblankphotography.com.au (the 'Website'). The Website provides Photographic Services for the Whitsundays Coastal Regions (the 'Services ').
(b) The Website is operated by Justin Blank Photography
Access to and use of the Website, or any of its associated Products or Services, is provided by Justin Blank Photography. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Justin Blank Photography reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Justin Blank Photography updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms and Conditions
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Justin Blank Photography in the user interface.
Registration to use the Services
(a) To access the Services, you must first register for an account through the Website (the 'Account').
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(c) You warrant that any information you give to Justin Blank Photography in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Justin Blank Photography; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.


Your obligations as a Member
(a) As a Member, you agree to comply with the following Terms and Conditions:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Justin Blank Photography of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Justin Blank Photography providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Justin Blank Photography;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Justin Blank Photography for any illegal or unauthorised use of the Website, and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Payment
(a) Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(i) Direct Debit
(ii) Cash
(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(c) You agree and acknowledge that Justin Blank Photography can vary the Services Fee at any time.


Refund Policy
Justin Blank Photography will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Justin Blank Photography makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').


Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Justin Blank Photography are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Justin Blank Photography or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Justin Blank Photography, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Justin Blank Photography does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Justin Blank Photography.
(c) Justin Blank Photography retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Justin Blank Photography and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


Privacy
(a) Justin Blank Photography takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Justin Blank Photography’s Privacy Policy, which is available on the Website.
General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Justin Blank Photography will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Justin Blank Photography makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Justin Blank Photography) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); Justin Blank Photography; and
(iv) the Services or operation in respect to links that are provided for your convenience.


Limitation of liability
(a) Justin Blank Photography total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Justin Blank Photography, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.


Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Justin Blank Photography as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Justin Blank Photography with 7 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Justin Blank Photography has made this option available to you;
(iii) your notice should be sent in writing to Justin Blank Photography via the 'Contact Us' link on our homepage.
(c) Justin Blank Photography may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Justin Blank Photography is required to do so by law;
(iii) the provision of the Services to you by Justin Blank Photography is, in the opinion of Justin Blank Photography, no longer commercially viable.
(d) Subject to local applicable laws, Justin Blank Photography reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Justin Blank Photography name or reputation or violate the rights of those of another party.
Indemnity
(a) You agree to indemnify Justin Blank Photography, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
(iii) any breach of the Terms.


Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, within 30 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Brisbane, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


Venue and Jurisdiction
(a) The Services offered by Justin Blank Photography is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.


Governing Law
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


Severance
(a) If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Additional Information

If you are looking for information About Us or details about our Terms and Conditions or Privacy Policy pages then you will find links to all of this information and more in the page footer below.


Please look over the great reviews and feedback that we have received on our Testimonials Page.


Alternatively, you can contact us via our email address at justin@justinblankphotography.com.au or from our Contact Form which can be found on our Contact Us page.

Please take the time to visit us on Facebook or Instagram and show us a little love with a like and a comment.

What my Couples are saying...

Justin is an absolute fantastic photographer. His attention to detail and level of expertise is outstanding. We are extremely grateful for having him capture our wedding day and we can’t thank him enough with how much we love our photos. From the very initial contact we had with Justin, the process was smooth. During the shoot he even fixed up the grooms bow tie and buttonhole, and knew exactly how to shoot the brides accessories down to every little detail. He is patient, understanding and knows where and how to capture the right shots. He manages his team extremely well and worked seamlessly with the videographer, Kian. We wouldn’t recommend anyone else to capture our special day. Thank you Justin and Kian!

Justin was very professional and amazing at what he does.

We had the best experience with Justin. He was very accommodating and made us feel at ease with the process. We've had a few sneak peaks from our special day and they've already exceeded our expectations. We can't wait to see the rest!

We couldn’t thank JB enough! He made our day more enjoyable and made us feel comfortable the entire time. Our photos are absolutely beautiful, thank you so much JB, Luke and I will forever be grateful. :)

JB was absolutely phenomenal! He is second to none and we loved having our wedding photographed by him. He was so thorough in the lead up to the wedding and honestly amazing on the day. I couldn't recommend him more!

Matt & Stephine

"Captured some of the most beautiful wedding photos. Knew Hamilton island well and was able to take us to all the hot spots for photos "

They are so amazing!!!!

Thank you so much for the photos, I can’t wait to see the rest of them.

Sincere thanks for the amazing photos

We just want to take this opportunity in expressing our sincere thanks for the amazing photos you took.  We are very grateful that we received “the best photographer on the island”!!!
So happy and thanks again for making our day so memorable, much appreciated! x

Thank you Justin for being part of our Wedding Day. The photos are amazing and so many to choose from. I am not comfortable having my photos taken but on this day I was really relaxed thanks to you. Hamilton Island was the perfect destination for our very special day. Highly recommend Justin Blank as your photographer!!

Thank you for your amazing work on our wedding day!

Tanner and I just wanted to Thank you for your amazing work on our wedding day! We truly appreciate your kind-hearted humour that made our day one to remember. We love the sneak peeks and cannot wait to see the rest!  Thank you again!  Kind regards Madison and Tanner Norman. 

Justin was wonderful! His laid back and fun attitude helped everyone relax! If you are normally awkward or uncomfortable in photos, he's the right photographer for you! Gave great direction and got some photos back to us before lunch time the next day! 100 stars out of 5 😊 🌟 🤩

Justin was our photographer on our wedding day on Hamilton Island. He was a wonderful and thoughtful photographer who managed to capture the small as well as the big moments of the day perfectly. He was so much fun to have along with us, and made us feel comfortable and looked after the entire day. Highly recommend

Thank you to JB for making us feel so comfortable in taking photos that turned out looking so natural and captured a perfect moment we will always remember. Great coordination of the photos and JB was lovely to be around. JB was very helpful and clear in what he needed for things to run smoothly.

JB was our wedding photographer and he was fantastic! He was so friendly and knowledgeable and he put our nerves at ease. He has sent us a few sneak peak photos and they are amazing!! Better than we could have imagined. We are so grateful to have had him on the day. Thanks JB!

Coming from someone who is extremely uncomfortable getting their photo taken… Justin made me feel so relaxed and comfortable. He was friendly and so easy to get along with. Justin sent us some sneak peek photos the very same day as our wedding and I was completely blown away. I never expected in a million years I’d have such beautiful photos. I can’t wait to see the rest. Thank you again Justin. 10/10 experience

JB was our photographer for our wedding on Hamilton Island. He was professional and most of all personable. JB made us feel comfortable throughout the whole day and was very easy to get along with. His knowledge and experience definitely shines though in our wedding photos!

We love your work!

Hi JB! They all look amazing! Thanks for making it an awesome experience for us both yesterday. We couldn’t be happier with how everything went and look forward to sharing these with all the fam and friends. Cheers mate. We love your work!

Thank you so much!

Hi Justin, Thank you so much! Such beautiful photos! Amazing work and we love them! Thanks again for being our photographer.

Stunning Wedding Photos!

Hi Justin, We would like to thank you again for our stunning wedding photos!