Welcome to our website. This website (located at https://focalscene.com.au) is owned and operated by Versafyre Pty Ltd trading as Focalscene (ABN 58 623 810 122) (“Focalscene”, “Company”, “we”, “us”, “our”).
By continuing to use this website, you agree to comply with and be bound by the following terms and conditions of use and disclaimer, which, together with our Privacy Policy and Terms & Conditions, govern our relationship with you in connection with this website. If you do not agree with any of these terms and conditions, please do not use our website.
Your use of this website is subject to the following terms and conditions:
1. Use of Our Website
The content of this website is for your general information and use only and is subject to change without prior notice.
You may use our website only for lawful purposes, including researching our photography services, contacting us, booking sessions, or browsing informational content. You must not use our website in any way that:
- Violates any applicable local, national, or international law or regulation.
- Is fraudulent or has any unlawful or fraudulent purpose or effect.
- Harms or attempts to harm minors in any way.
- Transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material.
- Knowingly introduces viruses, trojans, worms, logic bombs, or other malicious or harmful technology.
We reserve the right to suspend or permanently ban users who engage in prohibited conduct without prior notice.
Unauthorised use of this website may result in civil or criminal liability.
2. Intellectual Property
This website contains material owned by or licensed to us. This includes but is not limited to the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements, and interactive features of the website. These materials are protected by copyright under Australian law and international treaties.
Unless expressly stated otherwise, all intellectual property rights in the website and its content are owned or controlled by Focalscene. All rights are reserved.
Permitted Uses
You may:
- View, download, and print pages from the website for personal, non-commercial use.
- Share content through social media channels provided that you:
- Attribute the content to Focalscene.
- Include a hyperlink to our website.
- Do not alter the content.
Prohibited Uses
You must not:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website without express written consent.
- Modify or create derivative works from website content.
- Use the website for commercial purposes without obtaining a license from us.
- Use our trademarks, service marks, or logos without our prior written permission.
If you wish to use our intellectual property in a manner not covered by these terms, please contact us to request permission.
3. Submissions
We may invite you to submit content, such as testimonials, photographs, or comments. By submitting any content, you:
- Represent and warrant that you own or have the necessary rights to the content.
- Grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, display, distribute, and modify the content for promotional or business purposes.
- Acknowledge that submitted content is considered non-confidential unless otherwise stated.
We reserve the right to remove any submissions that, in our sole discretion, violate these terms or our brand values.
4. Privacy
We are committed to protecting your privacy. Our data collection, storage, and usage practices are detailed in our Privacy Policy, which forms part of these Terms of Use.
5. Links to Our Website
If you wish to link to our website, you must:
- Obtain our written permission by contacting us.
- Ensure the link does not suggest any form of association, approval, or endorsement where none exists.
- Not link from websites containing offensive or unlawful material.
We may withdraw linking permission at any time without notice. If your website’s content or purpose changes significantly, you must inform us to reassess the linking arrangement.
6. Links From Our Website to Other Websites
We may provide links to third-party websites for convenience. We do not endorse or accept responsibility for the content, privacy policies, or practices of third-party websites. Accessing third-party websites via our links is at your own risk.
7. Use of Cookies
Our website uses cookies to improve the user experience, analyse traffic, and deliver targeted advertising. By using our website, you consent to our use of cookies as outlined in our Privacy Policy. You can manage cookie preferences through your browser settings.
8. Security
We take reasonable steps to ensure our website is secure and free from harmful code, including malware and viruses. However, we cannot guarantee complete security. You are responsible for ensuring your own devices are adequately protected.
We shall not be liable for any loss or damage caused by technologically harmful material encountered through our website or linked websites.
9. Disclaimer and Indemnity
Disclaimer:
Nothing in these terms excludes your rights under the Australian Consumer Law (ACL). Except where prohibited by law:
- We provide the website on an “as is” and “as available” basis.
- We make no warranties regarding the accuracy, completeness, or reliability of content.
- We are not liable for any indirect, incidental, or consequential damages, including loss of data, profits, or business opportunities.
Indemnity:
You agree to indemnify and hold harmless Focalscene, its directors, employees, and affiliates from any claims, liabilities, damages, and expenses (including legal costs on a full indemnity basis) arising from:
- Your use or misuse of the website.
- Your breach of these terms.
- Any third-party claim arising from your actions on our website.
10. Changes to Terms
We may update these terms at any time without notice. Updated terms take effect upon being published on our website. Continued use constitutes acceptance of changes.
11. Severance
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
12. No Affiliation
Our website is not affiliated with Facebook, YouTube, Instagram, Snapchat, Twitter, Google, or their owners. References to third-party platforms do not imply endorsement or partnership.
13. Termination
We reserve the right to suspend or terminate access to the website without notice for any reason, including breach of these terms. Termination does not affect disclaimers or limitations of liability that survive beyond termination.
14. Jurisdiction
These terms are governed by the laws of Victoria, Australia. Disputes will be subject to the exclusive jurisdiction of the courts of Victoria. We encourage users to contact us first to resolve disputes amicably.
15. Contact Us
If you have any questions about these Terms of Use, please contact us.