© Aldona Kmiec, Revised 03/2021

Welcome to Aldona Kmiec Photography Website! For the protection of our partners, suppliers, you and us, the Terms of Use of this website are very important.

Aldona Kmiec.Com, and its affiliates and suppliers provide their media hosting and related services to you subject to the following conditions. If you visit the website, you accept these terms and conditions.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Aldona Kmiec.Com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Aldona Kmiec.Com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Aldona Kmiec.Com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Copyright
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

License and site access
Aldona Kmiec.Com grants you a limited license to access and make personal use of this site but not to download or modify it or any portion of it, except with the express written consent of Aldona Kmiec.Com. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aldona Kmiec.Com. Any unauthorized use terminates the permission or license granted by Aldona Kmiec.Com.

Trademarks
Content, special offers, gift certificates or services referenced herein or on the site are our exclusive trademarks, including the “look” and “feel” of the site, company name, Web site address, colour combinations, layout, and all other graphical elements. Any use of our trademarks is strictly prohibited without our express permission. Other product and company names mentioned in the site may be the trademarks of their respective owners.

Limitation of Liability
In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, successors, affiliates or assigns be liable to any party for any direct, indirect, or other consequential loss for any use of this web site, or use of any other linked website, even if we are expressly advised of the possibility of such loss. The term “loss” includes, without limitation, legal fees, any lost profits, business interruption and loss of programmes or other data on your information handling system.

Indemnity
You agree to indemnify and hold Aldona Kmiec.Com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Aldona Kmiec.Com harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any media or other material you provide to Aldona Kmiec.Com.

Privacy
Aldona Kmiec.Com has established a Privacy Policy to explain to you how your information is collected and used. Your use of Aldona Kmiec.Com website signifies acknowledgment of and agreement to our Privacy Policy.

You acknowledge and agree that Aldona Kmiec.Com may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Aldona Kmiec.Com, its employees, users and third parties, and the public.

Electronic communications
When you visit our website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third-Party Links
In an attempt to provide increased value to our visitors, Aldona Kmiec.Com may link to sites operated by third parties. However, even if the third party is affiliated with Aldona Kmiec.Com we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Aldona Kmiec.Com. These linked sites are only for your convenience and therefore you access them at your own risk.

Nonetheless, Aldona Kmiec.Com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Applicable law

These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our web site is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our web site. Any changes are effective immediately upon posting to our web site. Your continued use of our web site thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our web site.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

Your concerns

If you have any concerns about material which appears on our web site, please contact us.

 

We may change these terms of use from time to time. Check before re-using any content from this website.