Terms and Conditions
Before you use This Website or Website (www.kiernanmay.com) you must read, agree with and accept all of these Terms and Conditions of Use, and policies, including its Privacy and Security Policy, Shipping Policy and Refunds and Returns Policy.
These policies change from time to time, and they form part of these Terms and Conditions of Use.
Kiernan May reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website ().
If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of This website. If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use This website.
These Terms and Conditions of Use are separated into three sections: Definitions Terms & Conditions of Agreement Contact & Acknowledgement
The Photographer
Kiernan May
Purchaser
Purchaser is defined as the person who has made a purchase on This Website through an online payment.
User
User is defined as any person, member or not, who browses or uses This website for any purpose.
Artwork
Artwork is defined as any piece of original work that is offered for sale on, or sold via the Website.
Copyright
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.
Original
Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.
Terms and Conditions of Use
Service Region
The Artist services and ships worldwide from Australia from This Website.
Age and Responsibility
The Purchaser represents and warrants that they are of sufficient legal age to use This Website and to create binding legal obligations for any liability they may incur as a result of the use of This Website. The user agrees to be responsible for all of their use of This Website (as well including without limitation, minors living with them). The user agrees to supervise all usage by minors of the Website under their name.
Prices
All prices shown on This Website are in Australian Dollars (AUD). Prices of artworks shown on This Website are set at the discretion of the Artist.
Copyright
All content on This Website are copyright of The Photographer. Content must not be downloaded or used without express written permission from The Photographer.
The Photographer retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the The Photographer.
Refusal & Termination of Service
The Photographer reserves the right to refuse service to anyone at any time and at its absolute discretion. The Photographer reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
The Photographer reserves the right to terminate the The Photographer service at any time and at its absolute discretion without prior notice.
Warranties
The Photographer offers an “as is” service. The Photographer does not supply any warranties in relation to content represented on This Website.
Disputes & Release
The Photographer is released from any claims arising from disputes between Users The Website, including disputes between The Photographer and Purchasers and Purchases and The Photographer.
Liability
The Purchaes assumes all responsibility and risk for use of This Website including and without limitation any of the content or information contained therein. The Photographer accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.
Disclaimer
The Photographer does not represent or guarantee that the The Photographer‘s service or This Website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. The Photographer does not represent or guarantee that access to the The Photographer service or these websites will be uninterrupted.
The User acknowledges that the Photographer’s service or This Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of This Website or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
The Photographer does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
2) if the breach relates to services:
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Contact & Acknowledgement
If you have concerns relating to This website or these Terms and Conditions of Use, please contact The Photographer via email:
mail@kiernanmay.net
Privacy and Security
Introduction
The Photographer regards user privacy as an important part of our relationship with our users. The following privacy policy applies to all The Photographer users, and conforms to Internet privacy standards. If you have questions or concerns regarding this policy, you should first contact The Photographer via any of the following means:
mail@kiernanmay.net
Collection of Information
In order to use the The Photographer website, The Photographer may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email. Any information collected by The Photographer is collected via correspondence from you or your company. This may be via the telephone, email, shipping address or directly through our website.
Use of Collected Information
Any details collected from The Photographer users are required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to The Photographer. When you enter sensitive information (such as credit card numbers) on our website, encrypts that information using secure socket layer technology (SSL). When Credit Card details are collected, The Photographer simply passes them on in order to be processed as required. The Photographer never permanently stores complete Credit Card details.
The Photographer follows generally accepted industry standards to protect the personal information submitted to The Photographer, both during transmission and once The Photographer receives it.
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate your information by modifying your account on the website, or by emailing mail@kiernanmay.net.
Provided all financials and/or disputes are cleared, all personal details will be deleted/de-activated from The Photographer’s system.
Orders
If you purchase a product or service, The Photographer may request certain personally identifiable information from you. You may be required to provide contact information (such as name, email, and postal and billing addresses) and financial information (such as credit card number, expiration date, CCV number). The Photographer uses this information for billing purposes and to fill your orders. If The Photographer has trouble processing an order, it will use this information to contact you.
Communications
The Photographer uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. If at any time a user wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing mail@kiernanmay.net.
Third Parties
The Photographer may at its discretion use other third parties to provide essential services on our site or for our business processes. The Photographer may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. The Photographer does not share any information with third parties for any unknown or unrelated uses.
These parties include but are not limited to our freight provider, and any information collecting organisation nominated by the Australian Government for the purposes of managing the Resale Royalty Rights Scheme.
Legal
The Photographer reserves the right to disclose your personally identifiable information as required by law and when it believes that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
The Photographer reserves the right to disclose your personally identifiable information as required by law and when it believes that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
Links
Links on the The Photographer site to external entities are not covered within this policy. The terms and conditions set out in this policy only cover the domain name of www.kiernanmay.com
Changes to Privacy & Security Policy
If any changes are made to the this Privacy & Security Policy, The Photographer will post those changes to this policy on our website www.kiernanmay.com, so that you are aware of what information The Photographer collects, how it uses that information, and under what circumstances, if any, it discloses that information. The Photographer reserves the right to modify this policy at any time, so please review it frequently. If The Photographer makes material changes to this policy, the policy located on the website www.kiernanmay.com will be updated accordingly.
Security
The Photographer uses Stripe for its online transactions.
Refunds
There no refunds or returns for change of mind.
Shipping Policy
After ordering online, you will receive an email confirmation containing your order details to the email address you have specified on your account. There will be a confirm receipt of your order within 48 hours of ordering.
Framed prints cannot be shipped internationally. If a framed print is ordered for delivery outside of Australia, an email will be sent to the Purchaser and the difference will be refunded if Purchaser wishes to proceed without the Frame.
If you wish to query a delivery please contact kiernan@kiernanmay.net or via the Contact form on This Website.
Incorrect addresses
If you supply an incorrect address, and the item is returned, then you, the buyer, will be responsible for paying for re-delivery of the item. Please check the order confirmation email when you receive it that the shipping address is correct.
These policies change from time to time, and they form part of these Terms and Conditions of Use.
Kiernan May reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website ().
If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of This website. If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use This website.
These Terms and Conditions of Use are separated into three sections: Definitions Terms & Conditions of Agreement Contact & Acknowledgement
Definitions
The Photographer
Kiernan May
Purchaser
Purchaser is defined as the person who has made a purchase on This Website through an online payment.
User
User is defined as any person, member or not, who browses or uses This website for any purpose.
Artwork
Artwork is defined as any piece of original work that is offered for sale on, or sold via the Website.
Copyright
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.
Original
Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.
Terms and Conditions of Use
Service RegionThe Artist services and ships worldwide from Australia from This Website.
Age and Responsibility
The Purchaser represents and warrants that they are of sufficient legal age to use This Website and to create binding legal obligations for any liability they may incur as a result of the use of This Website. The user agrees to be responsible for all of their use of This Website (as well including without limitation, minors living with them). The user agrees to supervise all usage by minors of the Website under their name.
Prices
All prices shown on This Website are in Australian Dollars (AUD). Prices of artworks shown on This Website are set at the discretion of the Artist.
Copyright
All content on This Website are copyright of The Photographer. Content must not be downloaded or used without express written permission from The Photographer.
The Photographer retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the The Photographer.
Refusal & Termination of Service
The Photographer reserves the right to refuse service to anyone at any time and at its absolute discretion. The Photographer reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
The Photographer reserves the right to terminate the The Photographer service at any time and at its absolute discretion without prior notice.
Warranties
The Photographer offers an “as is” service. The Photographer does not supply any warranties in relation to content represented on This Website.
Disputes & Release
The Photographer is released from any claims arising from disputes between Users The Website, including disputes between The Photographer and Purchasers and Purchases and The Photographer.
Liability
The Purchaes assumes all responsibility and risk for use of This Website including and without limitation any of the content or information contained therein. The Photographer accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.
Disclaimer
The Photographer does not represent or guarantee that the The Photographer‘s service or This Website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. The Photographer does not represent or guarantee that access to the The Photographer service or these websites will be uninterrupted.
The User acknowledges that the Photographer’s service or This Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of This Website or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
The Photographer does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- the supply of equivelant goods;
- the payment of the cost of replacing the goods or of aquiring the equivelant goods;
- the payment of the cost of having the goods repairded; and
2) if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Contact & Acknowledgement
If you have concerns relating to This website or these Terms and Conditions of Use, please contact The Photographer via email:mail@kiernanmay.net
Privacy and Security
Introduction
The Photographer regards user privacy as an important part of our relationship with our users. The following privacy policy applies to all The Photographer users, and conforms to Internet privacy standards. If you have questions or concerns regarding this policy, you should first contact The Photographer via any of the following means:
mail@kiernanmay.net
Collection of Information
In order to use the The Photographer website, The Photographer may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email. Any information collected by The Photographer is collected via correspondence from you or your company. This may be via the telephone, email, shipping address or directly through our website.
Use of Collected Information
Any details collected from The Photographer users are required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to The Photographer. When you enter sensitive information (such as credit card numbers) on our website, encrypts that information using secure socket layer technology (SSL). When Credit Card details are collected, The Photographer simply passes them on in order to be processed as required. The Photographer never permanently stores complete Credit Card details.
The Photographer follows generally accepted industry standards to protect the personal information submitted to The Photographer, both during transmission and once The Photographer receives it.
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate your information by modifying your account on the website, or by emailing mail@kiernanmay.net.
Provided all financials and/or disputes are cleared, all personal details will be deleted/de-activated from The Photographer’s system.
Orders
If you purchase a product or service, The Photographer may request certain personally identifiable information from you. You may be required to provide contact information (such as name, email, and postal and billing addresses) and financial information (such as credit card number, expiration date, CCV number). The Photographer uses this information for billing purposes and to fill your orders. If The Photographer has trouble processing an order, it will use this information to contact you.
Communications
The Photographer uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. If at any time a user wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing mail@kiernanmay.net.
Third Parties
The Photographer may at its discretion use other third parties to provide essential services on our site or for our business processes. The Photographer may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. The Photographer does not share any information with third parties for any unknown or unrelated uses.
These parties include but are not limited to our freight provider, and any information collecting organisation nominated by the Australian Government for the purposes of managing the Resale Royalty Rights Scheme.
Legal
The Photographer reserves the right to disclose your personally identifiable information as required by law and when it believes that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
The Photographer reserves the right to disclose your personally identifiable information as required by law and when it believes that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
Links
Links on the The Photographer site to external entities are not covered within this policy. The terms and conditions set out in this policy only cover the domain name of www.kiernanmay.com
Changes to Privacy & Security Policy
If any changes are made to the this Privacy & Security Policy, The Photographer will post those changes to this policy on our website www.kiernanmay.com, so that you are aware of what information The Photographer collects, how it uses that information, and under what circumstances, if any, it discloses that information. The Photographer reserves the right to modify this policy at any time, so please review it frequently. If The Photographer makes material changes to this policy, the policy located on the website www.kiernanmay.com will be updated accordingly.
Security
The Photographer uses Stripe for its online transactions.
-
Payments are fully automated with an immediate response.
-
Stripe is an authorised third party processor.
Refunds
There no refunds or returns for change of mind.
Shipping Policy
After ordering online, you will receive an email confirmation containing your order details to the email address you have specified on your account. There will be a confirm receipt of your order within 48 hours of ordering.
Framed prints cannot be shipped internationally. If a framed print is ordered for delivery outside of Australia, an email will be sent to the Purchaser and the difference will be refunded if Purchaser wishes to proceed without the Frame.
If you wish to query a delivery please contact kiernan@kiernanmay.net or via the Contact form on This Website.
Incorrect addresses
If you supply an incorrect address, and the item is returned, then you, the buyer, will be responsible for paying for re-delivery of the item. Please check the order confirmation email when you receive it that the shipping address is correct.