Terms of Service
Welcome to Down Under Focus! These Terms of Service ("Terms") govern your access to and use of the Down Under Focus website (the "Site") and our online photography classes and related services (the "Services"). By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site or Services.
1. Acceptance of Terms
By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to Down Under Focus that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
2. Account Registration
To access certain features of the Services, you may be required to register for an account. 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. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you agree to notify us immediately at security@downunderfocus.com.
3. Use of Services
You agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services.
- Impersonate or attempt to impersonate Down Under Focus, a Down Under Focus employee, another user, or any other person or entity.
- Use any robot, spider, or other automatic device, process, or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
4. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Down Under Focus, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5. Payment and Refund Policy
Enrollment in our online photography classes requires payment of the fees specified on our Site. All fees are in Australian Dollars (AUD). We accept payments via major credit cards and PayPal. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges).
Our refund policy is as follows: You may request a full refund within 14 days of your enrollment date if you have not accessed more than 20% of the course content. After 14 days or if you have accessed more than 20% of the course content, refunds are not available. To request a refund, please contact us at refunds@downunderfocus.com with your enrollment details and reason for the refund request.
6. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DOWN UNDER FOCUS DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
IN NO EVENT WILL DOWN UNDER FOCUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any choice or conflict of law provision or rule.
9. Changes to Terms
Down Under Focus reserves the right to modify or revise these Terms at any time, effective upon posting of the updated Terms on the Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.
10. Contact Information
If you have any questions about these Terms, please contact us at:
Down Under Focus
Level 10, 99 Queen Street
Melbourne, VIC 3000, Australia
Phone: +61 137374144
Email: terms@downunderfocus.com
11. Entire Agreement
These Terms constitute the entire agreement between you and Down Under Focus with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Down Under Focus.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13. Waiver
No waiver by Down Under Focus of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Down Under Focus to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Assignment
You may not assign your rights or obligations under these Terms without the prior written consent of Down Under Focus. Down Under Focus may assign its rights and obligations under these Terms without your consent.