Terms and Conditions of Service

Please email info@simonscully.com or call 0413 159 195 if you have any queries or concerns regarding the following conditions.

All terms and conditions are current as of March 10th, 2020.

Terms and conditions

By placing an order with Simon Scully (ABN 84 365 441 250), trading as Simon Scully Copywriting and Photography through www.simonscully.com and/or www.simonscully.pixieset.com, you are accepting the following Terms and Conditions. It is important that you examine these terms thoroughly prior to completing your booking or purchase. Please also note that these terms may be updated at any time without notice. Be sure to check for updates prior to each placing an order.

i.            COPYRIGHTS AND TRADEMARKS

All content (except where noted) appearing on www.simonscully.com and www.simonscully.pixieset.com is the sole property of Simon Scully. Materials protected by this copyright include any and all intellectual property: any/all images, any/all text and any/all logos and graphics. All rights and entitlements are reserved by the copyright owner as dictated by Australian and international copyright laws.

You may use the content of www.simonscully.com and www.simonscully.pixieset.com for shopping, placing an order, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on www.simonscully.com and www.simonscully.pixieset.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Unauthorized use includes, but is not limited to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the consent of the copyright owner.

ii.           DISCLAIMER AND LIMITATION OF LIABILITY

Unless otherwise noted, because of the custom nature of transactions and the prevalence of illegal reproduction facilities, products sold by Simon Scully Copywriting and Photography on www.simonscully.com and www.simonscully.pixieset.com are non-refundable. Items, either physical or digital, which have been damaged or corrupted during shipping or electronic delivery, as well as misidentified images, shall be replaced under the terms of a 14 day return policy. Simon Scully Copywriting and Photography makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Simon Scully Copywriting and Photography disclaims all warranties of any kind, expressed or implied, with respect to products sold on this site, including but not limited to marketability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Simon Scully Copywriting and Photography arising from any product sold on this website shall be the price of the product ordered. In no event shall Simon Scully Copywriting and Photography, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Simon Scully Copywriting and Photography, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of www.simonscully.com or www.simonscully.pixieset.com. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

iii.         TYPOGRAPHICAL OR PHOTOGRAPHIC ERRORS

Simon Scully Copywriting and Photography attempts to be as accurate as possible in displaying pricing details, as well as typographical and photographic depictions of products for sale; however, Simon Scully Copywriting and Photography cannot guarantee that all product descriptions/specifications, pricing or any other content on www.simonscully.com or www.simonscully.pixieset.com are entirely accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Simon Scully Copywriting and Photography shall have the right, at their sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

iv.         ORDER ACCEPTANCE POLICY

Simon Scully Copywriting and Photography reserves the right when deemed necessary to cancel orders at their discretion, regardless of the status of the order. Simon Scully Copywriting and Photography reserves the right to require additional information from you before accepting or processing any order. Should an order be cancelled the maximum amount of remittance shall be either a refund equal to the price paid for the order (excluding any deposits paid) or order credit equal to the price paid for the cancelled order.

v.           DISPUTE RESOLUTION COMPLIANCE AND JURISDICTION

You agree that any/all disputes brought against Simon Scully Copywriting and Photography shall first be discussed in person, via electronic mail or via telephone with the aim of resolving any/all claims of dispute.

You agree that any legal action brought against Simon Scully Copywriting and Photography shall be governed by Australian laws and legislations. Additionally, you agree that any and all disagreements arising from your use of or orders placed through www.simonscully.com and www.simonscully.pixieset.com will be adjudicated in the State of New South Wales at an appropriate court as dictated by Australian Law.

vi.         RETURN POLICY – PHYSICAL (PRINTS AND OTHER TANGIBLE ITEMS)

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Simon Scully Copywriting and Photography on www.simonscully.com and www.simonscully.pixieset.com are non-refundable. Replacement items for those damaged during shipping, or for misidentified images, will be honoured within a 14 day return for replacement period. Unless otherwise noted all returns for replacement must follow the conditions below:

·        All products must be returned complete;

Simon Scully Copywriting and Photography will not accept items that have been intentionally physically damaged or abused.

·        All returns must be shipped freight prepaid;

All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases.

Please allow 3-4 weeks for all replacement orders.

vii.        RETURN POLICY – DIGITAL (DIGITAL IMAGES AND FILES)

As stated above, unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Simon Scully Copywriting and Photography on www.simonscully.com and www.simonscully.pixieset.com are non-refundable. Replacement items for digital files or misidentified images will be honoured within a 14 day return for replacement period. Unless otherwise noted all returns for replacement must follow the conditions below:

viii.      SHIPPING POLICY

Simon Scully Copywriting and Photography is not responsible for lost or stolen packages once in transit with their nominated shipping carrier, or once they have been delivered. A confirmation email from the shipping carrier used in each transaction will be sent to the purchaser.

ix.         UNAUTHORISED RETURNS

Shipments that are refused without authorization, or that are returned to us because the supplied address was invalid, are subject to a fee of 15% of the value of the item, plus applicable shipping and handling fees.

x.           SALES POLICY AGREEMENT

By placing an order at www.simonscully.com and www.simonscully.pixieset.com, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order at www.simonscully.com and www.simonscully.pixieset.com, a customer has agreed to the total amount of the sale as indicated in Australian Dollars (AUD), and authorized Simon Scully Copywriting an Photography to collect payment via the payment method the customer specified. Simon Scully Copywriting and Photography reserves the right to make changes to this site and these terms and conditions at any time.

PLEASE NOTE: Simon Scully Copywriting and Photography attempts to be as accurate as possible with regards to both written and photographic content, and pricing details. However, we cannot guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Simon Scully Copywriting and Photography shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Thank you.

xi.         PRIVACY & SECURITY POLICIES

Simon Scully Copywriting and Photography does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.

xii.        YOUR PERSONAL INFORMATION

When you place an order at our site, you provide us with your name, email address, credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.

In order to serve you best, credit card transactions are handled by a reputable third-party banking institution. Once the bank authorizes your credit card, we begin processing your order. The banking institution we do business with is under strict obligation to keep your personal information private.

We also work with third parties that perform various vital functions on our behalf. Such functions include shipping and delivering of packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.

Simon Scully Copywriting and Photography may occasionally notify you via email about important functionality changes to our web site or special offers we think you’ll find valuable. At the bottom of every such email are directions on how to take your email address off our list.

xiii.      YOUR CONSENT

By using our web site, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, we will post those changes on this page. Simon Scully Copywriting and Photography will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful, to the proper authorities. Additionally, we may release account information when we feel that such a release is necessary to enforce the terms of our user agreement, or to protect the rights, property, and safety of our users, Simon Scully Copywriting and Photography, or others.

Other sites accessible through Simon Scully Copywriting and Photography have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Simon Scully Copywriting and Photography is not responsible for the actions of third-parties.

If you have any questions about this privacy statement, Simon Scully Copywriting and Photography, or your business with Simon Scully Copywriting and Photography, please contact us at info@simonscully.com. Please check back occasionally for any updates or changes to our privacy policy.

xiv.      VOUCHER/GIFT CARD POLICY

All vouchers, gift cards or other such pre-paid or discounted promotional packages purchased from Simon Scully Copywriting and Photography are non-refundable. They have each have a unique set expiration date over which any voucher/gift card/package will not be eligible to use.

xv.        LICENSE

All images captured by Simon Scully Copywriting and Photography, displayed on www.simonscully.com and www.simonscully.pixieset.com and wherever else they may appear, remain at all times the intellectual property of Simon Scully and are protected by Australian and International copyright law. None may be copied, used or published for commercial purposes without direct permission from Simon Scully Copywriting and Photography.

Such permissions may be obtained only through clear consent given directly by Simon Scully, or by purchasing a license to use images/intellectual property owned by Simon Scully. By purchasing images from Simon Scully Copywriting and Photography you agree to be bound by the conditions set out by the according license linked to your purchase. Furthermore, purchasing an image license does not signify a transfer of title or copyright ownership: all images remain, at all times, property of Simon Scully.

Simon Scully Copywriting and Photography reserves the right to use all client’s images on website, blogs, or any other related marketing material, except where an express request not to display such images is received in writing from a client.

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Privacy Policy

This Privacy Policy governs the manner in which Simon Scully Copywriting and Photography collects, uses, maintains and discloses information collected from users (each, a "User") of the www.simonscully.com and www.simonscully.pixieset.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Simon Scully Copywriting and Photography.

i.            PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, purchase materials, fill out a form, and in connection with other activities, services, features or resources we make available on the Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

ii.           NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

iii.         WEB BROWSER COOKIES

Our Site may use "cookies" to enhance user experience. A user's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

iv.         HOW WE USE COLLECTED INFORMATION

Simon Scully Copywriting and Photography may collect and use Users personal information for the following purposes:

·        To improve customer service

Information you provide helps us respond to your customer service requests and support needs more efficiently.

·        To personalize user experience

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

·        To improve this site

We may use feedback you provide to improve our products and services.

·        To process payments

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

·        To run promotions, contests, surveys or facilitate other marketing related activities pertaining to this website

To send Users information they agreed to receive about topics we think will be of interest to them.

·        To send periodic emails

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

V.          HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. When third party entities are involved with handling User information including but not limited to the registering, ordering, and payment for product and services. Users will not hold Simon Scully Copywriting and Photography liable for lost information or any damage instigated due to the negligence or fault of a third party.

vi.         SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

vii.        CHANGES TO THIS PRIVACY POLICY

Simon Scully Copywriting and Photography may update this privacy policy at any time. When we do, we will note the effective date of such changes at the beginning of our privacy policy. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

viii.      YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

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Image Licensing, Copyright and IP

All images captured by Simon Scully Copywriting and Photography, displayed on www.simonscully.com and www.simonscully.pixieset.com and wherever else they may appear, remain at all times the intellectual property of Simon Scully and are protected by Australian and International copyright law. None may be copied, used or published for any purpose without direct permission from Simon Scully Copywriting and Photography.

Such permissions may be obtained only through clear written consent given directly by Simon Scully, or by purchasing a license to use images/intellectual property owned by Simon Scully. By purchasing images from Simon Scully Copywriting and Photography you agree to be bound by the conditions set out by the according license linked to your purchase. Furthermore, purchasing an image license does not signify a transfer of title, intellectual property or copyright ownership: all images remain, at all times, property of Simon Scully.

Licenses provided relate to either PERSONAL USE (i.e. non-commercial activity) or COMMERCIAL USE (i.e. used for the promotion - either direct or implied - of a product, service, or item/prospect for lease or sale, being supplied by a business entity). PRINT RELEASES may or may not be granted with your purchase. Please make sure you select the right license in order to be granted a print release.

Violating license terms may result in civil or criminal penalties.

You can update your license terms at any time by contacting Simon Scully Copywriting and Photography and paying a concessional fee.

A recovery fee and subsequent damages may be sought by Simon Scully Copywriting and Photography for infringements of any/all intellectual property rights in material distributed, copied, altered, or repurposed beyond the terms prescribed by a usage license or as a result of piracy or theft.

Simon Scully Copywriting and Photography reserves the right to use any and all client images on this website, blogs, or in any other related marketing materials, except where an express request not to display such images is received in writing from a client.

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