Welcome to BJS Livestock Photography website https://bjslivestockphotography.com.

Please read these terms and conditions (‘Terms‘) carefully. By continuing to use our Website, it means you have read, understood and agree to the Terms. If you do not agree with the Terms, please stop using the Website immediately.

1. The Website displays our photographic and videography work and the services we offer.
2. The Website is owned and operated by BJS Livestock Photography (ABN 70 765 022 541). By using the Website, you agree to accept the Terms outlined here.
3. All published images, videos and content are copyright of BJS Livestock Photography.

By remaining on our Website and browsing the content, you agree to accept the Terms outlined.

1. All images, content, related information and the Website are subject to copyright of BJS Livestock Photography and are protected by copyright under the laws of Australia and through international treaties.
2. You may not, without the written permission from BJS Livestock Photography broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content, photographs or video on our Website.
3. Unless specified, everything on the Website is owned or controlled by BJS Livestock Photography or its authorised contributors. This includes (but is not limited to) all rights to the content, photographs, videos, graphics, text, logos, button icons, audio clips, Website code, scripts, design elements and interactive features.
4. All trademarks, service marks and trade names are owned, registered and licensed by BJS Livestock Photography.
5. BJS Livestock Photography may allow royalty-free use of images or video on request in writing.
6. All rights to the Website or content are retained by BJS Livestock Photography. You may not at any time use or exploit from the Website
   1. an image, photograph or video
   2. business name, trading name, domain name, trademark or industrial design
   3. a thing, system or process that is the subject of a patent, registered design or copyright

At BJS Livestock Photography, we take your privacy seriously. If we collect any information through your use of the Website, you may;

1. ask for access to any data we have collected from you
2. ask for correction or deletion of any data that is incorrect or no longer relevant under the Privacy Act
3. view the BJS Livestock Photography’s Privacy Policy, available here.

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause 5, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   2. BJS Livestock Photography will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BJS Livestock Photography make any express or implied representation or warranty about the content or any products or content (including the products or content of BJS Livestock Photography) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the content or any of the products of BJS Livestock Photography; and
   4. the content or operation in respect to links which are provided for your convenience.

1. BJS Livestock Photography’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
2. You expressly understand and agree that BJS Livestock Photography, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. You acknowledge and agree that BJS Livestock Photography holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

You agree to indemnify BJS Livestock Photography, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.

1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
   A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
   On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
   1. Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   2. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Resolution Centre or his or her nominee;
   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   4. The mediation will be held in Albury, Australia.
4. Confidential
   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.