Terms of Service
Effective Date: 27/06/2025
Business Name: Sebastian Oswell Photography
ABN: 14 980 884 460

Welcome to Sebastian Oswell Photography ("we", "us", or "our"). These Terms of Service ("Terms") apply to your access and use of our website (sebastianoswell.com), services, digital downloads, and any other offerings.

By using this website or purchasing our services, you agree to be bound by these Terms, including our Privacy Policy and any other policies referenced herein.

1. Governing Law

These Terms are governed by the laws of Victoria, Australia, and are subject to the exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.

2. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL). You are entitled to a replacement, refund or compensation for a major failure, and for compensation for any other reasonably foreseeable loss or damage.

Where services are not performed with due care and skill or are not fit for purpose, you are entitled to remedies under the ACL.

3. Bookings and Payments

• All session bookings require a non-refundable deposit to confirm the date.

• Full payment is due by the date specified in the service agreement or prior to delivery of images.

• If you need to cancel or reschedule, please provide at least 72 hours’ notice.

• If we are unable to deliver a service due to illness, emergency, or extreme weather, we will work with you to reschedule or offer a full refund.

4. Image Licensing and Usage

Unless otherwise agreed in writing:

• All delivered images are licensed for personal use only.

• You may not edit, sell, or distribute the images commercially without written consent.

• We retain full copyright ownership of all photographs, as permitted under the Copyright Act 1968 (Cth).

For commercial or editorial use, a separate license agreement will be provided.

5. Digital Products and Print Sales

• Due to the nature of digital files, all sales of digital images are final and non-refundable.

• We take care in processing print orders, but if you receive a product that is damaged or incorrect, please contact us within 7 days of delivery.

6. Client Responsibilities

You are responsible for:

• Arriving on time for your session

• Providing accurate and up-to-date contact and payment information

• Obtaining necessary permissions if your chosen shoot location is on private property

7. Limitation of Liability

To the extent permitted by law, we are not liable for:

• Loss of data or digital files once they are delivered

• Missed sessions due to circumstances outside of our control (e.g. weather, transport issues)

• Indirect or consequential damages

Our liability for any breach of these Terms is limited to resupplying the services or refunding the amount paid.

8. Privacy and Data

We comply with the Privacy Act 1988 (Cth). Please refer to our [Privacy Policy] for how we handle your personal information.

9. Amendments

We may update these Terms from time to time. We’ll notify users of significant changes via email or a notice on our website. Continued use of the Site or our services constitutes your acceptance of the updated Terms.

10. Contact

For any questions or concerns, please contact:
📧 contact@sebastianoswell.com