The websites Superfeel (together, the Website) and the platforms, products, materials and services (together, the Services) are owned and operated by Superfeel Pty Ltd (ACN: 628 900 112). The term “you” refers to any purchaser and/or user of any of our Services. The term “we, us and or ours” refers to the Website and the Service.

These Terms and Conditions, including any additional terms and conditions, rules, disclaimers and notices displayed on our Website from time to time (together, Terms of Use) state how you may use our Services and Website. It is important that you read and understand these Terms of Use.

By registering, accessing, using or purchasing any of the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Website or you become a member of the Website (both, Users).

You agree that your use of the Services and Website (and reliance on any information contained therein) is at your own risk.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Website or Services, from time to time, in which case we will post the revised Terms of Use on the Website. By continuing to use the Website after we post any such changes means you accept the new Terms of Use with the modifications.

If at any time you do not agree with the Terms of Use (or any changes to them), please do not continue to use the Services and do not use the Website

 

1. OUR SERVICES

The Website and Services are designed to sell printed or digital prompts and online training to photographers, facilitating their subjects to relax and act naturally in front of the camera.

The Services are provided on matters of interest, is not intended to be a substitute for, or to be relied on as professional advice. It is not intended to be comprehensive nor does it constitute legal, medical or financial advice.

To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any services and that we provide.

 

2. PERMITTED USE

We prohibit the use of the Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these Terms of Use.

You agree to use the Services in a safe and responsible manner, in accordance with the Terms of Use and all other policies and notices that form part of these Terms of Use.

You agree to comply with all laws, rules and regulations applicable to your use of the Services.

You agree you must not interfere or disrupt the Services, Website or servers or networks connected to the Services or Website.

You agree you may not use the Services or Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other conduct that infringes the rights of ours or others.

You may not use the Services or Website, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms of Use.

 

3. PURCHASES

Placing an Order

To place orders and access some feature of the Website, you will need to register an account with us. You must, at all times, give us accurate and current personal information including your name, email address and payment details.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s account without our, and or the other person’s express permission, if you suspend or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account.

When making an order, you must follow the instructions on the Website as to how to make your order and for making changes to your order before you submit it.

When you place an order, you will receive from us a confirmation of order by email. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us or a link to download the digital product(s). We are not obliged to supply the product to You until we have accepted Your order.

We may in our discretion refuse to accept an order from you for any reason, including but not limited to unavailability of stock or we may offer you an alternative product or if we suspect that you might sell our products to other consumers.

Until the time when we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. If we or you have cancelled your order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

Price

Once you select a product that you wish to order, and the currency you wish to pay by, irrespective of any previous price you have seen or heard, you will then be shown or told the price you must pay including any taxes and other charges.

Changes to Orders

If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact customer service immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

If you wish to add items to your order, you must do so within 24 hours of placing your original order. However, if your order has already been packed or shipped we will be unable to amend your order to include the additional items.

 

4. DELIVERY

Packaging and Processing

The printed products, when in stock, are usually packaged and processed for shipping within 1-3 business days.

Delivery and Shipping

Please allow for the following estimates within these regions:

USA: up to 10-15 business days from when your order is shipped;

Other International Countries: up to 24 business days from when your order is shipped.

We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates.

We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

You may grant us an ‘authority to leave’ when placing your order. If you do, you understand and agree that this authority to leave gives you and/or our couriers permission to leave the order in question unattended by the front door–or, where applicable, at the reception or concierge’s desk, or as per your instructions–of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our courier are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

You must ensure that you are able to take delivery of the product without undue delay at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier, then we may do either or both of the following:

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contract details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

For orders shipping to destinations outside Australia please ensure that you obey your local custom duties, rules and regulations that may apply to you. We are not responsible for any customs fees or taxes which may incurred upon delivery.

Digital Delivery

For digital products, we will send you a link to download them via the email you provided upon purchase.

Please ensure you provide the correct details upon purchase, as it will be your responsibility to provide us with a valid email address.

If you do not receive the email within 24 hours of placing your order please contact us at hello@superfeelforphotographers.com so that we may attempt to rectify the problem.

If we cannot rectify the problem you may be reimbursed, in accordance with our refund policy, as outlined in this clause 6 of this Agreement.

If you do not contact us within 72 hours of not receiving the link via email we will not be held responsible for any failures or omissions after this period has expired.

 

5. PAYMENTS

All purchases and orders are subject to acceptance by us. Acceptance and continued access to our Services is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or program that is the subject of your order.

You must pay for the order in full at the time of ordering by one of the payment methods we provide on the Website. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security check from time to time.

We may use a payment-processing merchant (such as PayPal, Stripe and Shopify) for purchases and payments, or payment platforms, where you may be directed. By purchasing the Services, you agree to comply with our terms of Purchases and Payment as well as those provided by the payment-processing merchant or those of the payment platform.

We reserve the right to change the preferred payment gateway, from time to time, without any notice to you . All transactions are processed in US Dollars (USD) regardless what currency you select or the Website displays.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected.

Credit Cards, Chargebacks and Payment Security

If we agree to accept credit card payments for the Services from You, you agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by our fraud or the fraud of our employees.

To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card for any unpaid charges on the dates set forth herein.

You shall not make any charge backs to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.

Terms of Purchase

Not all Services will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services relevant to you.

By purchasing any of the Services, therefore, being a party to a Sale, you agree to the cost of sale (Service Price), as advertised by us at the time of the Sale. Access to the Services will only be granted after payment of the Service Price.

We reserve the right to change the Service Price of any Services from time to time, without notice, however, we may not change the price of an agreed Sale.

Other

You agree to be financially responsible for all purchases and payments made by you or someone acting on your behalf. You agree to use our Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from the Services at any time or for any reason whatsoever, you will remain fully responsible for the full cost of the Services.

You agree to only purchase the Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

 

6. RETURN AND REFUND

Return

We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us at hello@superfeelforphotographers.com as soon as possible, so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.

If a product does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

Due the nature of the products and service, we do not provide change of mind returns.

Refund

We reserve the right to grant or refuse refunds.

There is no return and refund for all digital products.

In some circumstances, however, where failures for digital delivery cannot be rectified, refunds may be issued.

We do not offer refunds for change of mind. If you voluntarily decide to withdraw from the Services at any time or for any reason, you still will remain fully responsible for the full cost of the Services.

Upon receipt of a refund, your agreement with us is at an end. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law, or in certain circumstances, the laws of your jurisdiction.

Consumer Law Protection

We note that our Services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

Otherwise, subject to the above consumer legislation and the exceptions listed below, you will not be able to cancellation or termination of the Services, except in accordance with the terms of this Agreement and refunds are discretionary.

 

7. CANCELLATION

We may terminate a contract or cancel and order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

 

8. TERMINATION

In sole and absolute discretion, we may suspend or terminate your access and/or future access to the Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) Where you are in breach of any of the Terms of Use or any related policies;

(b) Where at any time you have committed any act of wilful or serious misconduct;

(c) If You fail to pay any fees, payments or expenses properly payable to us for the Services;

(d) Where you have created an unacceptable risk or possible exposure for us;

(e) Where there are unexpected technical issues or problems;

(f) At the request of a law enforcement or government authority; or

(g) Upon a request by You.

Clauses 2, 4, 6, 9, 10, 11, 13, 14 and this clause 7 survive the termination or cancellation of this Agreement, and the parties' rights and obligations under, or arising from the operation of, those clauses will continue to be enforceable by or against each of them notwithstanding such termination or conclusion.

 

9. THIRD PARTY AND EXTERNAL SERVICES

We may enable access to third-party Services and Content or Websites (External Services) however to the extent you choose to use such External Services you agree that we do not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.

 

10. PRIVACY

The use of our Services is subject to our Privacy Policy, which forms part of these Terms of Use.

 

11. INTELLECTUAL PROPERTY

The use of our Services is subject to our Copyright Policy, which forms part of these Terms of Use.

 

12. DISPUTE RESOLUTION

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

 

13. WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.

THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF ANY GOODS, ATOUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF OPPORTUNITY WHETHER THE LOSSES BE DIRECT OR INDIRECT) ARISING FROM YOUR USE OF ANY OF THE SERVICES OR WEBSITE OR LINKED WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, WEBSITE AND/OR CONTENT (AND RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES) INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS,OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

 

14. WAIVERS AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD OUR OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, LOSSES, EXPENSES, COSTS OR DAMAGE SUFFERED BY US, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM OUR ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

15. TERMS IMPLIED BY LAW

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms is 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, at our option:

(a) if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or

(b) if the breach relates to Services, re-supplying, or paying the cost of re-supplying, those Services.

 

16. GOVERNING JURISDICTION

The laws of Victoria, Australia govern this agreement between you and us and these Terms of Use. You agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, or other such competent courts, to resolve any dispute or claim arising from the Agreement between the parties or these Terms of Use.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@superfeelforphotographers.com.