Terms and Conditions
Last Updated [25.11.23]
These Terms and Conditions (“Terms”) govern the use of the A to Z Building Solutions Pty Ltd ABN: 62642324310 trading as A to Z Creative Studio (“we”, “us”, “our”) website which is available at www.atozcreativestudio.com.au (“Site”), including our online booking system and our social media platforms (“Platforms”).
1. Acceptance of Terms
By accessing or using our Site or making a booking, you engage our (“Services”) and acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy [www.atozcreativestudio.com.au/terms-and-conditions]. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Services immediately.
2. Modifications to Terms
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
3. Booking Process
3.1 To make an online booking you must submit your full name, phone number and email address. Bookings can be made by choosing an appointment type, time, and date from the calendar. Once you have selected your preference you will be taken to check-out where full payment is required to secure your booking.
3.2 When making a booking through this Site, you agree to abide by the terms and conditions outlined in the Studio Hire Agreement and consent to our use of your personal information governed by our Privacy Policy [www.atozcreativestudio.com.au/terms-and-conditions].
3.3 By utilising our online booking system, you agree that all studio sessions booked through this platform are expressly for the purposes of photoshoots or content creation. If you intend to use the studio for events, meetings, or any other purposes not explicitly related to content creation or photoshoots, you must seek prior approval from the studio. Failure to do so may result in penalties, including cancellation of the session without refund and additional charges associated with the unauthorised use of the studio space. Repeat violations may result in suspension of booking privileges.
3.4 By using the online booking system, you acknowledge and agree to adhere to these restrictions. Any violations may result in penalties as outlined above.
4. Confirmation of Bookings
The booking process is considered complete only upon full payment being made and by you agreeing to the Studio Hire Agreement by checking “I Agree”. You will receive an email notification confirming your booking. The email notification serves as the confirmation of the booking and will also provide details of the booking, including the date, time, and other relevant information.
5. Right to Refuse Bookings
A to Z Creative Studio reserves the right to refuse any booking request at its discretion. In the event a booking request is refused, any fees paid by you will be refunded promptly, following the guidelines set forth in the Studio Hire Agreement.
6. Payment
6.1 Prices for our Services is the amount specified on our Site at the time of booking and includes full use of the space for the allocation time and includes all props, equipment, and a general cleaning fee.
6.2 Our prices are in Australian Dollars (AUD) and are inclusive Goods and Services Tax (GST).
6.3 Our prices are subject to change without notice.
6.4 Accepted payment methods include:
Visa
Mastercard
Amex
Applepay
Googlepay
6.5 By using this Site for bookings, you authorise A to Z Creative Studio to charge the provided payment method for the booking fee associated with your reservation.
7. Payment Processing
We utilise the services of Stripe, our trusted third-party payment processor, to securely handle credit card transactions on our Site. Stripe is responsible for collecting, processing, and storing your credit card information. As a third-party, Stripe has their own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe’s privacy policy and terms of service to understand how they handle your payment information.
8. Booking Extensions
If you wish to extend your booking beyond the original time, you must request an extension in advance, as outlined in the Studio Hire Agreement. Extension requests are subject to availability, and additional fees will apply for the extended time.
9. Refunds and Cancellations
Our refund and cancellation policy are outlined in the Studio Hire Agreement. Please ensure that you have read it carefully.
10. Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy [link]
11. Intellectual Property
All content available on this Site, including digital images, descriptions, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of A to Z Creative Studio. The Content is protected by copyright, trademark, and other intellectual property rights.
By accessing and using this Site, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the Site. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent.
The trademarks, service marks, logos, and trade names displayed on this Site are the registered or unregistered trademarks of A to Z Creative Studio. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from A to Z Creative Studio.
You agree not to engage in any activities that may infringe upon the intellectual property rights of A to Z Creative Studio. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.
12. User Content
12.1 You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site and our Platforms. By making available any User Content on or through our Site and Platforms, 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 and Platforms.
12.2 You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Platforms. You represent and warrant that:
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
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 and Platform 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.
13. Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
14. Third-Party Links
Certain content and products available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
16. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel bookings if any information is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
17. Prohibited Conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site or Platforms; which We would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
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;
Using our Site or Platforms to defame, harass, threaten, menace or offend any person;
Interfering with any user using our Site or Platforms;
Tampering with or modifying our Site, 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;
Using our Site to send unsolicited email messages; or
Facilitating or assisting a third party to do any of the above acts.
18. Discontinuance
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, 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.
19. Warranties and Disclaimers
19.1 We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
21.2 We do not guarantee that any files available for downloading from the Site will be completely free from viruses or other harmful computer code.
20. Access and User Accounts
20.1 By accessing our online booking system you have the option to create of an account. By doing so, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
20.2 You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
20.3 The access information provided to you is for your personal use and should not be shared with or provided to unauthorised individuals. You are solely responsible for any loss, damage, or unauthorised access resulting from your failure to secure the access information provided.
20.4 We reserve the right to terminate or suspend access to your account or our Site at our discretion, without prior notice, for any conduct that we believe violates these Terms or is harmful to other users of the Site, to us, or to third parties, or for any other reason.
21. Limitation of Liability
To the maximum extent permitted by law, A to Z Creative Studio, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Site or Services. A to Z Creative Studio is not responsible for the accuracy, reliability, or legality of any third-party content, products, services, or websites linked to or referenced on the website. Any reliance on such content is at your own risk. You are responsible for taking precautions to ensure that any content obtained from the Site is free of viruses or other harmful components. You agree that A to Z Creative Studio shall not be liable for any damages arising from the presence of such viruses or harmful components. The maximum liability of the A to Z Creative Studio for any and all claims, including those based in contract, negligence, or other legal theories, shall not exceed the total fees paid by you for the specific studio session giving rise to the claim.
22. Force Majeure
22.1 A to Z Creative Studio shall not be liable for any failure or delay in the performance of its obligations under these terms and conditions if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, governmental actions, pandemics, epidemics, fires, floods, earthquakes, civil unrest, wars, terrorism, strikes, or other unforeseeable and uncontrollable events ("Force Majeure Event").
22.2 In the event of a Force Majeure Event, the Studio's obligations shall be suspended for the duration of the Force Majeure Event. The Studio will make reasonable efforts to resume normal operations as soon as practicable after the Force Majeure Event concludes.
22.3 We shall promptly notify users of the Site of the occurrence of a Force Majeure Event, detailing the nature of the event and its anticipated impact on the availability or functionality of the Site.
22.4 We shall not be liable for any damages, losses, or expenses incurred by users as a result of the Studio's inability to perform its obligations during a Force Majeure Event.
22.5 If a Force Majeure Event continues for an extended period, we reserve the right to terminate or suspend the Site or any affected Services without any liability.
23. Indemnification
You agree to indemnify and hold harmless A to Z Creative Studio, its employees, agents, partners, and affiliates from and against any and all claims, liabilities, demands, actions, expenses, losses, damages, and costs, including reasonable legal fees, that arise from or are related to your use of our Site, Platforms or services, including but not limited to:
Your violation of Terms,
Any violation of the rights of third parties, including but not limited to copyright, trademark, or privacy rights,
Any content you submit or transmit through our Site or Platforms, including any claims that such content infringes on the rights of third parties or is offensive, defamatory, or otherwise harmful.
A to Z Creative Studio shall not be liable for any damages, losses, or expenses incurred by you or any third party as a result of your use of the Site, Platforms or Services.
24. Term and Termination
24.1 Term
These Terms shall commence upon your acceptance of these terms and continue until terminated as set forth herein.
24.2 Termination by You
You may terminate these Terms by discontinuing your use of the Site, Platforms and Services.
24.3 Termination by A to Z Creative Studio
A to Z Creative Studio reserves the right to terminate or suspend your access to the Site and its Services at its sole discretion, without prior notice, for any reason, including but not limited to a breach of these terms and conditions or engaging in activities that violate applicable laws or the rights of others. In the event of termination or suspension, your account and access to the Site will be deactivated, and you may no longer use our Services. We may provide notice of termination or suspension through the contact information associated with your account. It is your responsibility to keep your contact information updated. Upon termination, we reserve the right to remove or delete any content posted by you on the Site. We are not liable for any loss of data or content resulting from the termination of your account. If you believe your account has been terminated in error, you may contact us to appeal the decision. We will review the appeal at our discretion.
24.4 Your Obligations on Termination
Upon termination, you are required to cease all use of the Site and Services provided by the A to Z Creative Studio. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, indemnity, and limitations of liability.
25. Severability
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 other provisions in these Terms.
26. No Waiver
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
27. Interpretation
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
28. Entire Agreement
These Terms and any policies or operating rules posted by us on this Site or in respect to our Online Store constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Online Store, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
29. Governing Law
Your use of our Site or Products or services are governed by the laws of New South Wales (NSW) Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
30. Contact
Any questions or complaints relating to these Terms, or our Products should be directed to contact info@atozcreativestudio.com.au.