PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to this website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Binke Photographic Art relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "we", refers to Binke Photographic Art and "You" and "Your" refers to you, the client, visitor, website user or person using our website.
1. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using this website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use this website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Binke Photographic Art rights and obligations to each other.
2. LIMITATION OF LIABILITY
It is an essential pre-condition to you using this website that you agree and accept that Binke Photographic Art is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which I shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Binke Photographic Art liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
4. DELIVERY OF GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of my goods, please contact me at [email protected] so that we can try to assist you.
5. REFUNDS
No refund will be given for students who change their mind after they have paid or halfway through the course or do not complete the course. No refund will also be given if the tools do not work, as this is the student's responsibility to use and implement them as per the instructions in the course.
6. LINKS TO OTHER WEBSITES
Binke Photographic Art may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Binke Photographic Art and the owners of those websites.
Binke Photographic Art takes no responsibility for any of the content found on the linked websites. Binke Photographic Art website may contain information provided by third parties for which Binke Photographic Art accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a 'recommendation' only and not providing any advice nor do we take any responsibility for any advice received in this regard.
7. DISCLAIMER
To the fullest extent permitted by law, Binke Photographic Art absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Binke Photographic Art gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst at all times we endeavour to have the most accurate, reliable and up-to-date information on this website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in this website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Binke Photographic Art to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
8. YOUR PRIVACY
At Binke Photographic Art, we are committed to protecting your privacy. we use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully, see https://steffenbinke.com/terms-and-conditions/
You may change your details at any time by advising us in writing via email at [email protected]. All information we receive from my customers is protected by secure servers. The secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored on the servers.
9. THIRD PARTIES
We do not and will not sell or deal in personal or customer information. I may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve this website and services but not for any other use.
10. DISCLOSURE OF INFORMATION
Binke Photographic Art may be required, in certain circumstances, to disclose information in good faith and where Binke Photographic Art is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
11. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Binke Photographic Art. Binke Photographic Art expressly excludes and does not permit you to use or access this website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Binke Photographic Art will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Binke Photographic Art reserves the right to exclude and deny any person access to this website, services or information at our sole discretion.
12. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Binke Photographic Art expressly reserves all copyright and trademark in all documents, information and materials on this website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with my express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
13. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and courses.janecull.com concerning your use and access to Binke Photographic Art website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
14. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
15. NO LIABILITY
By using my services, you agree that courses.janecull.com is not to be held liable for any decisions you make based on any of my services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Binke Photographic Art liable for any actions you take nor can you hold me or any liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Binke Photographic Art.
All the information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, psychological, medical, therapeutic, financial or legal advice. Results are not guaranteed and Binke Photographic Art takes no responsibility for your actions, choices or decisions.
16. JURISDICTION
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Binke Photographic Art that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.