TERMS AND CONDITIONS

Last updated: 23 September 2026

Welcome to Em Jane Photography.

These Terms and Conditions govern your use of https://emjanephotography.com.au/ ("Website").

The Website is operated by Emily Jane Young trading as Em Jane Photography, Victoria, Australia ("Em Jane Photography", "we", "us" or "our").

By accessing or using this Website, you agree to these Terms and Conditions and our Privacy Policy.

If you book or purchase photography services from Em Jane Photography, additional booking terms, client agreements, photography agreements or other terms may also apply to those services.

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable Australian law.

1. Use of this Website

You may use this Website for lawful personal and informational purposes.

You must not use the Website:

• for any unlawful or fraudulent purpose;

• in a way that could damage, disable, interfere with or compromise the Website or its security;

• to attempt to gain unauthorised access to the Website, hosting, accounts, systems or data;

• to introduce malicious software, viruses or other harmful code;

• to scrape, harvest or systematically extract Website content or data without permission;

• to impersonate another person or misrepresent your identity;

• to infringe the intellectual property, privacy or other rights of another person; or

• in any other manner that is unlawful or could reasonably cause harm to Em Jane Photography or another person.

We may restrict or prevent access to the Website where we reasonably believe these Terms have been breached or the Website is being misused.

2. Website information

The content on this Website is provided for general informational and promotional purposes.

We take reasonable care when preparing Website content, but information may occasionally contain errors, omissions or become out of date.

We may update, correct or remove Website content at any time.

Photographs, examples, portfolio images, testimonials and descriptions displayed on the Website are intended to demonstrate our work and services. Individual photography sessions and results will naturally vary depending on factors including the people involved, location, lighting, weather, session conditions and client requirements.

Nothing on this Website constitutes legal, financial, medical or other professional advice.

3. Photography services and bookings

Information displayed on this Website about photography services, inclusions, availability and pricing is general information unless expressly stated otherwise.

A photography booking may be subject to a separate:

• booking form;

• quotation;

• invoice;

• photography agreement;

• client agreement;

• model release;

• session terms; or

• other written terms provided before or at the time of booking.

Those terms form part of the agreement between you and Em Jane Photography for the relevant service.

If there is an inconsistency between these general Website Terms and Conditions and a specific photography agreement or booking agreement, the specific agreement will apply to the photography service to the extent of the inconsistency, except where applicable law provides otherwise.

4. Australian Consumer Law

Our goods and services may come with consumer guarantees under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

These statutory rights cannot be excluded, restricted or modified where the law does not permit us to do so.

Depending on the circumstances, these guarantees may include requirements that services:

• are provided with due care and skill;

• are reasonably fit for a disclosed purpose; and

• are provided within a reasonable time where no time has been agreed.

Goods supplied in connection with our services may also be subject to applicable consumer guarantees.

Nothing in these Terms and Conditions, any booking terms, refund policy or other agreement is intended to remove rights or remedies you have under the Australian Consumer Law or any other law that cannot legally be excluded.

5. Pricing and availability

Any prices displayed on this Website are in Australian dollars unless otherwise stated.

Prices, packages and service inclusions may change from time to time.

A change to pricing will not retrospectively alter the agreed price of a confirmed booking unless you and Em Jane Photography agree otherwise or the relevant booking agreement expressly provides for the change.

Displaying a photography service or session on the Website does not guarantee availability for a particular date or time.

A booking is not confirmed until any booking requirements communicated to you have been completed, which may include acceptance of the applicable terms and payment of a booking fee, deposit or full session fee.

6. Intellectual property

Unless otherwise stated, the content created by or for Em Jane Photography and displayed on this Website is owned by or licensed to Em Jane Photography and is protected by applicable intellectual property laws.

This may include:

• photographs;

• videos;

• graphics;

• logos;

• branding;

• Website design;

• written copy;

• downloadable resources;

• layouts;

• illustrations; and

• other original Website content.

Third-party content remains the property of its respective owner.

You may view the Website and, where the functionality is provided, download or print content for your own personal and non-commercial use.

Unless you have our prior written permission or are otherwise permitted by law, you must not:

• reproduce or republish substantial Website content;

• sell, licence or commercially exploit Website content;

• modify and redistribute our photographs or creative works;

• use our photographs or other content to promote another business;

• remove copyright, credit or ownership information; or

• represent our content as your own.

Nothing in these Terms transfers ownership of our intellectual property to you.

Rights concerning photographs created for clients, including reproduction, personal use, commercial use and publication rights, may also be governed by the relevant photography agreement.

To request permission to use Website content, please contact contact@emjanephotography.com.au.

7. Em Jane Photography name and branding

The Em Jane Photography business name, logo and other branding displayed on the Website may be protected by copyright, trade mark rights or other intellectual property rights.

You must not use our name, logo or branding in a way that falsely suggests sponsorship, endorsement, affiliation or approval by Em Jane Photography.

Any third-party names, logos or trade marks appearing on the Website remain the property of their respective owners.

8. Client photographs

Photographs displayed in our portfolio, Website or marketing may include work produced for clients.

Our right to display or use client photographs is governed by the relevant photography agreement, model release, consent or other applicable legal right.

Nothing in these Terms and Conditions grants Website visitors any right to copy, download, publish, reproduce or otherwise use photographs of our clients.

9. Testimonials, feedback and reviews

We may display feedback or testimonials from clients with appropriate permission.

Testimonials represent the experience and opinion of the individual client and do not constitute a guarantee that every client will have an identical experience.

We will not knowingly create, alter or present testimonials in a way that is false or misleading.

You remain free to provide genuine feedback or reviews about your experience with Em Jane Photography.

Where we operate our own social media pages or Website comments, we may moderate or remove content that is:

• spam;

• unlawful;

• threatening or abusive;

• discriminatory;

• defamatory;

• deliberately misleading;

• invasive of another person's privacy;

• infringing intellectual property rights; or

• otherwise in breach of the applicable platform rules.

We will not remove a genuine review merely because it expresses a negative opinion.

We welcome the opportunity to resolve concerns directly and you may contact us at contact@emjanephotography.com.au.

10. Social media

Em Jane Photography may maintain accounts on third-party social media platforms.

Your use of those platforms is also subject to the terms and privacy policies of the relevant platform.

We are not responsible for changes made by a social media platform, outages, account restrictions or other matters outside our reasonable control.

Comments and opinions expressed by members of the public on our social media pages do not necessarily represent the views of Em Jane Photography.

11. Third-party websites and services

This Website may contain links to websites, platforms, payment providers, social media services or other resources operated by third parties.

Links are provided for convenience or additional information and do not necessarily mean that we endorse the third party.

We do not control third-party websites and are not responsible for their content, availability, security, privacy practices or services.

You should review the terms and privacy policies of a third-party service before using it or providing personal information.

12. Affiliate links and recommendations

From time to time, the Website may contain an affiliate or referral link through which Em Jane Photography may receive a commission or other benefit if you make a purchase.

Where required, we will take reasonable steps to identify commercial relationships or affiliate links clearly.

The existence of an affiliate relationship does not change the price you pay unless expressly stated.

Any recommendation reflects our view at the time it is made, but you should determine whether the relevant product or service is suitable for you.

13. Privacy

Personal information collected through the Website is handled in accordance with our Privacy Policy and applicable Australian privacy law.

Information you provide to us is not automatically treated as public simply because it is submitted electronically.

Please refer to our Privacy Policy for information about how we collect, use, store and disclose personal information.

14. Website security and availability

We take reasonable steps to maintain the security and availability of our Website.

However, websites and internet services may occasionally be unavailable or affected by technical issues, maintenance, cyber incidents or circumstances outside our reasonable control.

We do not guarantee that the Website will always:

• be available without interruption;

• be free from every technical error;

• be compatible with every device or browser; or

• be completely free from viruses or other cybersecurity risks.

You are responsible for taking reasonable precautions when accessing internet services.

15. Limitation of liability

Nothing in this section excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by law where it would be unlawful to do so, including rights under the Australian Consumer Law.

To the extent permitted by law, Em Jane Photography is not responsible for loss or damage arising solely from:

• your misuse of the Website;

• your reliance on information clearly identified as general information;

• third-party websites or services that we do not control;

• unauthorised access caused by circumstances outside our reasonable control where we have taken reasonable precautions; or

• Website interruptions caused by events outside our reasonable control.

We do not exclude liability for loss or damage caused by our negligence, breach of contract or failure to comply with applicable consumer guarantees where liability cannot legally be excluded.

Any limitation of liability contained in a separate photography or booking agreement is also subject to applicable Australian law.

16. Indemnity for misuse of the Website

To the extent permitted by law, you may be responsible for loss reasonably suffered by Em Jane Photography as a direct result of your unlawful use of the Website, infringement of our intellectual property rights, or deliberate breach of these Terms.

This clause does not require you to compensate us for loss caused by our own acts or omissions and does not limit any rights you have under the Australian Consumer Law.

17. Changes to these Terms

We may update these Website Terms and Conditions from time to time to reflect changes to our Website, services, business practices or legal obligations.

The updated Terms will apply to use of the Website from the date they are published.

Changes to these general Website Terms will not retrospectively alter the agreed terms of an existing confirmed photography booking unless:

• you agree to the change;

• the applicable photography agreement permits the change consistently with Australian law; or

• the change is required by law.

The date at the top of this page indicates when these Terms were last updated.

18. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the extent necessary and permitted by law.

The remaining provisions will continue to apply to the extent that they can operate independently.

19. No waiver

If Em Jane Photography does not immediately enforce a right under these Terms, that does not mean we have waived that right.

Any waiver must be clear and apply only to the particular circumstances for which it is given.

20. Governing law

These Terms and Conditions are governed by the laws applicable in Victoria, Australia, and applicable Commonwealth laws of Australia.

Nothing in this clause prevents a consumer from exercising any right they may have to bring a claim in another jurisdiction where that right is provided by applicable law.

21. Contact

If you have any questions about these Terms and Conditions, please contact:

Em Jane Photography
Emily Jane Young
Victoria, Australia
Email: contact@emjanephotography.com.au
Website: https://emjanephotography.com.au/