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James Morgan Photo Sales Terms & Condition
This Agreement ("the Agreement") is between James Morgan Photographic Consultancy (ABN 59527527370) ("James Morgan") and the purchaser ("You"). You wish to contract with James Morgan to purchase one or more JPEG images available in a particular size ("Work") from www.morganphotosales.com ("The Website"). The purchase is complete when you accept these terms and conditions and payment has been processed and cleared ("Purchase").Your Purchase of Work through The Website is subject to these terms and conditions and constitutes your agreement to the Terms and Conditions set out below. You warrant that you are lawfully entitled to enter into a legally binding agreement with James Morgan and that you are the person whose details are provided in connection with this Agreement, or in the case of a legal entity or an employer, you are a duly authorised representative of the legal entity or employer to agree to the Terms and Conditions contained herewith. 1. ORDER 1.1 James Morgan will forward you the Work pursuant to the order you have submitted on The Website ("Order"). 1.2 Each Order is given a number ("Order Number"), 1.3 Once the Order is processed, You agree that there will be no adjustments to that Order as to size, image or otherwise. 2. PAYMENT Your Purchase of the Work constitutes full payment. 3. TERM OF THE AGREEMENT 3.1 The Agreement commences from the time of Purchase and continues to run in perpetuity, but may be terminated in the following circumstances: (i) if You are in breach of these Terms; or (ii) if your use of the Work might harm the name, image or reputation of James Morgan. (iii) Termination will not affect the rights or remedies of James Morgan under the Agreement at law. 4. COPYRIGHT 4.1 James Morgan is the sole owner of all copyright contained in the Work offered for sale on The Website. 4.2 A Purchase and Limited Non Exclusive Licence permitted in clause 5 does not assign any ownership of copyright in the Work to You but retains with James Morgan for the life of the Agreement. 4.3 You must not, during or any time permit any act which infringes the copyright by using the Work other than in the way permitted by clause 5 of this Agreement. 4.4 You may not licence the Work to any other entity without the prior consent obtained by email, fax or letter ("Writing") of James Morgan. 5. LIMITED NON EXCLUSIVE LICENCE FOR PERMITTED USE 5.1 In this clause, the following definitions apply: (i) One Purpose means, one good (or collection of goods), one service (or collection of services) or one event (or the same event repeated) or one type of entertainment ("One Purpose). (ii) One Season means, one printed advertisement, one broadcasted advertisement in relation to One Purpose, which may be replayed or reprinted for the life of the particular advertising or promotional campaign. (iii) Permitted Use of the Work is advertising, promotional or commercial use, of One Purpose for One Season. 5.2 James Morgan gives You a Limited Non Exclusive Licence for the Work in relation to the Permitted Use, to begin from the Purchase until the Permitted Use has been used of One Purpose for One Season. 5.3 You may not modify or reprint the Work on merchandise or goods for resale use without the prior consent of James Morgan in Writing. 6. INTELLECTUAL PROPERTY 6.1 Any trademarks, trade names or logos displayed in the Work are the property of their respective owners ("Third Party/Parties") and must not be used in a manner without the prior written consent of the Third Party/Parties. 6.2 Nothing in this agreement purports to demonstrate that any Third Party/Parties intellectual property rights are owned or licensed to James Morgan. 6.3 James Morgan's moral rights remain in relation to the Work for the life of the Agreement. 7. DELIVERY 7.1 Once the Purchase is complete, the Work will be available to You for downloading off The Website from the time of Purchase for a period of 24 hours only. 7.2 You are responsible for downloading the Work off The Website during the 24 period described in clause 7.1 and James Morgan accepts no responsibility for your failure or inability to download the Work during the prescribed period. 8. RETURN 8.1 If the Work supplied to You does not comply with the Order, You will notify James Morgan in Writing of the Order Number and return the Work to James Morgan. 8.2 If having received notice pursuant to clause 8.1, James Morgan is satisfied the Work supplied to You did not comply with the Order, James Morgan will forward you the Work which complies with the Order within a reasonable time. 9. WARRANTY AND LIABILITY 9.1 You acknowledge that The Website cannot be warranted error free and that if there are errors, this will not be a breach of the Agreement. 9.2 Except as set out in clause 9.3 all conditions and warranties (whether imposed or implied by statute or otherwise) are excluded. 9.3 If any statute implies terms which cannot be lawfully excluded, those terms will apply. 9.4 Except as set out in clause 9.3, James Morgan will not be liable for any loss or damage, without limitation, indirect or consequential damages, arising from the supply or use of the Work or out of our breach of the Agreement, whether or not caused by the negligence of James Morgan. 10. INDEMNITY You indemnify and hold James Morgan its agents, affiliates and subsidiaries harmless from and against all liabilities, losses, damages, costs and expenses, directly or indirectly incurred or suffered by James Morgan as a result of any breach of the Agreement by You and from all actions, proceedings, claims and demands made or brought against James Morgan and its agents, affiliates and subsidiaries as a result of any such breach. 11. FORCE MEJEURE 11.1 Means any act, event or cause (other than lack of funds) which is beyond the reasonable control of James Morgan concerned including, but without limiting the generality of the foregoing, any: (i) act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, systems failure strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, quarantine, radiation, shortage, strike or radio-active contamination; (ii) action or inaction of any Government or Governmental or other competent authority (including any court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable Order; and (iii) breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material. 11.2 If James Morgan becomes unable, wholly or in part, by force majeure, to carry out any duty or obligation under this Agreement, James Morgan: (i) shall give you prompt notice in Writing of the force majeure with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform, or be delayed in performing such duty or obligation; (ii) shall not be required to carry out such duty or obligation so far as it is affected by the force majeure during but no longer than the continuance of the force majeure; and (iii) shall use all possible diligence to overcome or remove the force majeure as quickly as possible. 11.3 The requirement that any force majeure shall be overcome or remedied with all possible diligence shall not require James Morgan to settle any strike, or other labor dispute on terms contrary to its wishes or to contest the validity or enforceability of any law, regulation or decree by way of legal proceedings. 12. ASSIGNMENT You must not assign, sub-licence or otherwise deal with the benefit of the Agreement without the prior consent of James Morgan in Writing. 13. WAIVER The failure or delay of James Morgan in enforcing any part of the Agreement is not to be construed as a waiver of its rights under this licence. 14. GOVERNING LAW The Agreement will be governed by and construed in accordance with the laws of New South Wales and the federal laws of Australia applicable therein. 15. CHANGING THE AGREEMENT James Morgan reserves the right to change any term of the Agreement to reflect its changing business. 16. GENERAL The Agreement applies to any modification, amendment or addition to existing content or material.
people and places
natural wonders
animal kingdom
australia
abstract
from the air
and everything else
First Class photos
Economy Photos
Economy & First Class
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