Terms and Conditions

Terms and Conditions

This website (site) is operated by Caitlin Sarah Miers of The Clique Photo Collective ABN 38 729 317 813 (we, our, us). It is available at: https://thecliquephoto.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, or purchasing and using our products available from The Clique Photo Collective including ‘The Fearless Photographer’ Online Course (Products), you agree to these terms of use [and our Privacy Policy (available on our Site)] (Terms). Please read these Terms carefully and immediately cease using our Site or our products if you do not agree to them. 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site and in our (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Products Use and Consent: When you purchased a product from us, you were given reasonable notice that these terms and conditions existed. By purchasing our products and moving through the course, you agreed and continue to abide by these Terms. You agree you are at least 18 years old to use this product. 

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site and Products in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Refund Policy: We, The Clique Photo Collective, reserve the right to suspend and terminate your use of this site and our products, if you breach any of these terms, as determined by us in our sole discretion. 

‘The Fearless Photographer’ Online Course by The Clique Photo Collective takes a lot of work and discipline to undertake and apply to your own business, just like any other educational program. The educational training courses provided on thecliquephoto.com.au are not designed or intended to qualify anyone for employment. Rather, the courses are intended solely for education purposes only. All content and information presented in the products and courses have been created and presented with the best knowledge and intent possible. We strongly believe in our courses, but we also want you to be satisfied with your purchase. We offer a 30-day refund period for all purchases of our ‘The Fearless Photographer’ – Online Course as long as you comply with your refund policy below. 

In the event that you decide your purchase was not the right decision for you and your business, within 30 days of enrolment, contact thecliquephoto@gmail.com and let us know you’d like a refund by the 30th day at 23.59pm AEST. You must include the following with your request for a refund. 

The following needs to be submitted to thecliquephoto@gmail.com within 30 days of purchasing the course if you would like to be eligible for the refund.

  • Proof of all complete worksheets inside each module of the course
  • A solid reason explaining why the information provided to you in the course hasn’t helped your Photography Business. 
  • Proof that you have actively reached out to brands and actively have tried to use the course content to help your business.

Each refund is assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will granted at the discretion of Caitlin Sarah Miers.

Recurring Payments: Our payments are operated through an online and automated billing system (online payment). Where your payments are made via Online Payment:

  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due date.
  2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date. 

If you have signed up for a payment plan, you hereby authorise our continued access to your financial information stored by our third party financial processing company referenced in this agreement until your payment plan is complete, as set fourth in your acceptance of the purchase terms upon checkout. 

Late or Failed Payments: We reserve the right to suspend or terminate any product or service, at our discretion, if payment is late or failed. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.  

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site or our Products; which we would consider inappropriate; or which might bring us or our Site or Products into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site or Products to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site or Products;
  4. tampering with or modifying our Site, or Products, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site or Products to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site or Products, including the Content, in any way that competes with our business.  

Information: The Content on this site and in our products is not comprehensive and is for general information purposes only. Nothing on this site, or any of the content provided to you by us during the products purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information we provide. It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

The Clique Photo Collective provides support, guidance and tools for you to set goals and achieve results, but any decision you make, and the consequences that follow on from those decisions, is your sole responsibility. Your success will depend on many different factors including motivation, dedication, participation and desire. 

Any testimonials on our site are not to be taken as a guarantee that you will achieve the same or similar results. 

You acknowledge and agree that Caitlin Sarah Miers of The Clique Photo Collective, it’s principles, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

Earnings and Income Disclaimer: Caitlin Sarah Miers of The Clique Photo Collective cannot and does not make any guarantees about your ability to get results and earn money with our ideas, information, tools or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services. 

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content, including the Content that’s in our products. Your use of our Site and our products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

      1. copy or use, in whole or in part, any Content; 
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
      3. breach any intellectual property rights connected with our Site, products or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Site or our products, in whole or in part.  We may also exclude any person from using our Site or our products, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and our products and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Caitlin Sarah Miers trading as The Clique Photo Collective

ABN: 38 729 317 813

Email: thecliquephoto@gmail.com 

Last update: 23rd July 2019

 

 

 

Workshops Terms and Conditions

Terms & Conditions

The Clique Photo Collective is registered in Australia under Business Number (ABN) 38729317813. All workshops you book with us are organised and sold subject to the following conditions:

Booking and Payment

Full payment is required to secure your booking. Registrations are allocated and guaranteed only upon receipt of full payment.

Cancellation

You may cancel at any time although you will only receive part of the fee depending on how close to the workshop you cancel or if your spot can be filled with another person. No refunds will be given for withdrawal after the photo workshop begins. 

Please see below how refunds are managed in the event of cancellation:

  • Cancellations made by a student more than 4 weeks prior to a booked workshop date will receive a full refund.
  • Cancellations made by a student less than 4 weeks prior and more than 2 weeks prior to a booked workshop date will be refunded 50% of the full workshop cost already paid.
  • Cancellations made by a student within 14 days of a booked workshop date are non-refundable.

We reserve the right to alter or cancel any workshop at any time. For reasons including, but not limited to, too few participants, adverse weather, instructor illness, logistical problems such as strikes, wars, acts of God, or any other circumstances, which may make operation of the workshop inadvisable. If any workshop has to be cancelled prior to the start date of the trip all fees are refunded in full or you may choose to use the money for another date or workshop. If for some reason the workshop needs to be cancelled part way through the trip there are no refunds.

We reserve the right to cancel any photo workshop with inadequate enrolment 7 days beforehand. In the event that a workshop has to be cancelled due to inadequate enrolment, all fees and deposits paid are refunded in full or transferred to another photo workshop. There is a maximum and a minimum number of students per class. Book early to secure your place. If the minimum number of students is not achieved within 1 week of the workshop date, the workshop may be cancelled.

We are not responsible for any expenses or damages incurred by workshop members as a consequence of any cancellation, such as costs expended in preparing for the trip including non-refundable or penalty-carrying airline tickets, equipment, lost income, or any other trip-related losses or expenses.

Workshop Fees

The workshop cost includes the tuition fee, on-workshop transport, food and equipment hire and usage. All other expenses are the responsibility of the participants. Not included are any airfares, airport taxes. pre and post workshop accommodation, entrance fees or items of a personal nature. Price also excludes any insurance coverage for trip cancellation or interruption, travel accident, travel delay, baggage delay or baggage theft, medical or hospitalization expenses (we recommend you obtain coverage for these items).

Insurance

You must have travel insurance, including coverage for personal health, emergency medical evacuation, emergency medical expenses, and trip cancellation, which would reimburse you for non-refundable airfare and trip cancellation fees. We cannot accept liability for insurance costs, loss of deposits, airline cancellations or delays or penalties incurred by the purchase of non-refundable airline tickets or other expenses incurred by participants in preparing for this workshop. We cannot accept liability for any insurance costs if a workshop is cancelled.

Client Responsibility

You must be in good health upon arrival to a photographic workshop and be a competent swimmer. You must have a level of fitness commensurate with your chosen workshop and you are responsible for bringing the appropriate equipment. When joining one of our workshops that involves swimming at the beach, you accept full responsibility for any injuries or death that may occur to you as a result of participating in the workshop in the ocean and the beach.  

We reserve the right to decline to accept or retain any member of any workshop should such person’s actions impede the operation of the workshop or the rights or welfare or enjoyment of other members of the workshop, and it is agreed that no refunds will be given in such circumstances.

It is a fundamental booking condition that you accept the hazards involved with the outdoors, including surf photography. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. In the event of medical emergency and/or repatriation from a workshop by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.

Every participant voluntarily assumes all risks and will hold us, the workshop leader, any co-leader or assistants, harmless from any and all liability, actions, causes of action, claims, debts, and demands which arise in connection with the workshop. The terms hereof shall serve as a release and assumption of risk for your heirs, administrators, and executors, and for all members of my family, including any minors accompanying you.

Limitation of Liability

Payment of your booking fee represents your acceptance of all terms and conditions outlined anywhere on our website.

We aim to provide every participant with a safe, educational and enjoyable experience during the workshops. As there is always certain risks and dangers associated with photography, the outdoors and surfing, we accept no responsibility or liability for injury, death, illness, accident, losses or additional expenses associated with workshop participation. Nor do we accept responsibility for damage to equipment, property or digital data loss. Every participant must assess their own suitability, in terms of fitness and stamina, for the workshop that they join. Medical, equipment and travel insurance is your own responsibility. You must notify us of any medical condition that we should know about. We assume no liability regarding provision of medical care. All information is completely confidential.

We shall have no liability for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft or criminal activity of any kind, government regulations, etc., over which we have no control.

We shall have no responsibility for additional expenses due to unforeseen delays caused by weather, theft or criminal activity of any kind, political disputes, acts of terrorism, strikes, sickness, failure of flights or other transportation to arrive or depart on time, and other causes beyond our control. We are not responsible for additional accommodation not specified in the workshop itineraries which may be required en route, prior to or following a trip, caused by airline scheduling or schedule changes, or by individual clients’ travel arrangements or by other factors. We cannot assume any responsibility for loss or damage to baggage or personal property.

In no event shall we have any liability for incidental or consequential damages, however characterized.

We reserve the right to substitute hotels, venues and facilities, and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any photo workshop prior to departure upon the refund of all payments received.

We are not responsible for additional expenses incurred by workshop members in preparing for the workshop (i.e. non-refundable advance-purchase air tickets, equipment, etc.)

We reserve the right to take photographic or video records of any workshop, and may use any such records for promotional and/or commercial purposes.

Changes

All workshop schedules and plans are tentative and made in the interest of exciting photographic opportunities. We reserve the right to change, at our exclusive discretion, schedules, plans and itineraries, depending on weather, health or safety considerations, or any other factors related or not related to the photographic opportunities, as we see them fit into the workshop. As we are conducting part of the workshops at the beach, our participation in the water is subject to conditions, and we reserve the right to withhold anyone from entering the water if we deem it unsafe to do so.

While significant efforts will be made to provide the workshop in a truthful manner, all participants acknowledge that landscapes photography is subject to many variables including but not limited to environmental conditions that cannot be guaranteed.

Agreement

By submitting the booking form and/or registering for a workshop you are agreeing to all the terms and conditions listed above. The person who submits the booking form does so on behalf of all the individuals included on it, so that all are bound by the booking terms and conditions.

All information is correct at the time of publishing this page however I reserve the right to update or modify details should the need arise.

If at any time you have concerns or questions about these conditions, please Caitlin Miers at thecliquephoto@gmail.com