Terms of Service

Terms of Service

Effective Date: May 5, 2025

1. Introduction

  • Welcome to the online gallery and website of JLG Photographics ("Photographer", "we", "us", "our"), operated via Pixieset. These Terms of Service ("Terms") govern your access to and use of our website located at [Insert JLG Photographics Website/Pixieset URL] ("Website"), including viewing image galleries and purchasing photographic prints, digital files, or related products ("Products") offered via the Pixieset platform.

  • By accessing the Website, viewing galleries, or purchasing Products, you ("Client", "you", "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Website or purchase Products.  

  • These Terms should be read in conjunction with any separate photography agreement you may have entered into with us for specific services (e.g., event booking contract). Where terms conflict, the specific photography agreement generally prevails for the subject matter it covers.

  • You also acknowledge that the Pixieset platform has its own Terms of Service and Privacy Policy which govern your interaction with their service aspects (e.g., account creation, payment processing).

2. Services & Products

  • We offer photography services including; sports, events, portraits], editorial and much more. This Website primarily serves as a gallery for viewing images and a storefront for purchasing Products derived from these photographic sessions/events.

  • Products available for purchase (e.g., digital downloads, prints) are described on the Website via the Pixieset interface.

3. Use of the Website

  • You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.  

  • Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.  

4. Intellectual Property Rights & Image Licensing  

  • Copyright Ownership: All photographs and content displayed on the Website are the exclusive intellectual property of JLG Photographics and are protected by Australian and international copyright laws. Copyright is not transferred to the Client upon purchase of a Product.

  • License for Purchased Products:

    • Digital Files: Upon successful payment for digital files, you are granted a limited, non-exclusive, non-transferable, perpetual license for personal use only. Personal use includes printing for personal display, sharing on personal social media profiles (with credit to JLG Photographics where feasible), and personal electronic display.

    • Prints: Prints are sold for personal display purposes only.

  • Restrictions: You may NOT:

    • Use the images for any commercial purpose (e.g., advertising, resale, incorporation into merchandise) without obtaining a separate commercial license agreement and fee from us.

    • Edit, alter, or manipulate the images beyond basic cropping for personal display/posting.

    • Claim the images as your own work.

    • Sub-license, sell, or otherwise distribute the digital files to third parties.

    • Enter the images into competitions without our express written permission.

  • Photographer's Use: We reserve the right to use images taken by us for our own promotional purposes, including but not limited to website display, portfolio, social media, and marketing materials, unless otherwise agreed in writing (subject to our Privacy Policy regarding identifiable individuals).

5. Ordering and Payment

  • Orders for Products are placed through the Pixieset interface on the Website.

  • All prices are listed in Australian Dollars (AUD) and are inclusive of GST, where applicable.

  • Payment is processed securely via Pixieset's integrated payment gateways (e.g., Stripe, PayPal). We do not directly store your full credit card details. Please refer to Pixieset's terms regarding payment processing.  

  • Orders are final once payment is confirmed.

6. Delivery

  • Digital Files: Purchased digital files will typically be made available for download via a link provided by Pixieset shortly after successful payment confirmation. You are responsible for downloading and backing up your purchased files.

  • Prints/Physical Products: Prints or other physical products are fulfilled either directly by us or via a third-party lab integrated with Pixieset. Estimated production and shipping times will be indicated during the checkout process or communicated separately. We are not liable for delays caused by third-party labs or shipping carriers. Shipping costs will be added at checkout.

7. Refunds and Cancellations

  • Digital Files: Due to the intangible nature of digital downloads, purchases are non-refundable once the download link has been provided or accessed.

  • Prints/Physical Products: If Products arrive damaged or defective, please contact us within [Specify number, e.g., 7] days of receipt with photographic evidence. We will arrange for a replacement or refund at our discretion, in accordance with the Australian Consumer Law. We do not typically offer refunds for change of mind on custom-printed Products.

  • Your rights under the Australian Consumer Law are not limited by these terms.

8. Limitation of Liability

  • To the maximum extent permitted by Australian law, JLG Photographics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website or Products; (b) any conduct or content of any third party on the Website (including Pixieset); or (c) unauthorized access, use, or alteration of your transmissions or content.  

  • Our total liability to you for any claim arising out of or relating to these Terms or the Products is limited to the amount paid by you for the specific Product giving rise to the claim.  

9. Indemnification

  • You agree to indemnify and hold harmless JLG Photographics, its owner(s), employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Website or Products, or your violation of these Terms.  

10. Governing Law and Dispute Resolution

  • These Terms shall be governed by and construed in accordance with the laws of the State/Territory of Western Australia and the Commonwealth of Australia.  

  • Any dispute arising from these Terms shall first be attempted to be resolved through amicable negotiation. If unresolved, the parties agree to submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

11. Changes to Terms

  • We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on the Website and updating the effective date. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.  

12. Contact Information  

  • For any questions about these Terms, please contact us at:

    • JLG Photographics

    • ABN/ACN: 26 944 122 345

    • Email:jlgphotographics@gmail.com

    • Website: www.jlgphotographics.com

© JLG PHOTOGRAPHICS